[ ] is old law to be omitted.
LBD12572-01-3
S. 4006 2 A. 3006
of chapter 56 of the laws of 2020 directing the commissioner of educa-
tion to appoint a monitor for the Rochester city school district,
establishing the powers and duties of such monitor and certain other
officers and relating to the apportionment of aid to such school
district, in relation to the effectiveness thereof; part C of chapter
57 of the laws of 2004 relating to the support of education, in
relation to the effectiveness thereof; directing the education depart-
ment to conduct a comprehensive study of alternative tuition rate-set-
ting methodologies for approved providers operating school-age and
preschool programs receiving funding; to amend chapter 507 of the
laws of 1974 relating to providing for the apportionment of state
monies to certain nonpublic schools, to reimburse them for their
expenses in complying with certain state requirements for the adminis-
tration of state testing and evaluation programs and for participation
in state programs for the reporting of basic educational data, in
relation to the calculation of nonpublic schools' eligibility to
receive aid; providing for special apportionment for salary expenses;
providing for special apportionment for public pension accruals;
providing for set-asides from the state funds which certain districts
are receiving from the total foundation aid; providing for support of
public libraries; to amend chapter 94 of the laws of 2002 relating to
the financial stability of the Rochester city school district, in
relation to the effectiveness thereof; and providing for the repeal of
certain provisions upon expiration thereof (Part A); to amend the
education law, in relation to tuition authorization at the state
university of New York and the city university of New York (Part B);
to amend the education law, in relation to providing access to medica-
tion abortion prescription drugs at the state university of New York
and the city university of New York (Part C); to amend the education
law, in relation to removing the maximum award caps for the liberty
partnerships program (Part D); to amend the business corporation law,
the partnership law and the limited liability company law, in relation
to certified public accountants (Part E); to amend the general munici-
pal law and the public housing law, in relation to enacting the new
homes targets and fast-track approval act (Part F); to amend the
general city law, the town law and the village law, in relation to
requiring certain densities of residential dwellings near transit
stations (Part G); to amend the public housing law, in relation to
requiring certain housing production information to be reported to the
division of housing and community renewal (Part H); to amend the real
property actions and proceedings law, in relation to determining when
a dwelling is abandoned (Part I); to amend the multiple dwelling law,
in relation to modernizing regulations for office building conver-
sions; and providing for the repeal of certain provisions of such law
relating thereto (Part J); to amend the multiple dwelling law and the
private housing finance law, in relation to establishing a program to
address the legalization of specified basement dwelling units and the
conversion of other specified basement dwelling units in a city with a
population of one million or more (Part K); to amend the multiple
dwelling law, in relation to authorizing a city of one million or more
to remove the cap on the floor area ratio of certain dwellings (Part
L); to amend the real property tax law, in relation to authorizing a
tax abatement for alterations and improvements to multiple dwellings
for purposes of preserving habitability in affordable housing (Part
M); to amend the real property tax law, in relation to authorizing a
city, town or village other than a city with a population of one
S. 4006 3 A. 3006
million or more to provide by local law for a tax exemption for new
construction of eligible rental multiple dwellings (Part N); to amend
the real property tax law, in relation to providing a tax exemption on
the increase in value of property resulting from the addition of an
accessory dwelling unit (Part O); to amend the labor law and the real
property tax law, in relation to the exemption from real property
taxation of certain multiple dwellings in a city having a population
of one million or more (Part P); to utilize reserves in the mortgage
insurance fund for various housing purposes (Part Q); to amend the
real property tax law, in relation to eligible multiple dwellings
(Part R); to amend the labor law and the public health law, in
relation to indexing the minimum wage to inflation (Part S); to amend
the New York city charter, the education law, the general municipal
law, the labor law, the public authorities law, chapter 1016 of the
laws of 1969 constituting the New York city health and hospitals
corporation act, and chapter 749 of the laws of 2019 constituting the
New York city public works investment act, in relation to providing
for employment opportunities for economically disadvantaged candidates
and economically disadvantaged region candidates and apprenticeship
utilization on public transactions; and providing for the repeal of
such provisions upon expiration thereof (Part T); to amend the social
services law, in relation to eligibility for child care assistance;
and to repeal certain provisions of such law relating thereto (Part
U); to amend part N of chapter 56 of the laws of 2020, amending the
social services law relating to restructuring financing for residen-
tial school placements, in relation to the effectiveness thereof (Part
V); to amend subpart A of chapter 57 of the laws of 2012 amending the
social services law and the family court act relating to establishing
a juvenile justice services close to home initiative, and to amend
subpart B of part G of chapter 57 of the laws of 2012 amending the
social services law, the family court act and the executive law relat-
ing to juvenile delinquents, in relation to making such provisions
permanent (Part W); to amend the social services law, in relation to
eliminating the requirement for combined education and other
work/activity assignments, directing approval of certain education and
vocational training activities up to two-year post-secondary degree
programs and providing for a disregard of earned income received by a
recipient of public assistance derived from participating in a quali-
fied work activity or training program, and further providing for a
one-time disregard of earned income following job entry for up to six
consecutive months under certain circumstances (Part X); to amend the
social services law, in relation to the replacement of stolen public
assistance (Part Y); and to amend the social services law, in relation
to increasing the standards of monthly need for aged, blind and disa-
bled persons living in the community (Part Z)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state education, labor, housing and family
assistance budget for the 2023-2024 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through Z. The
effective date for each particular provision contained within such Part
is set forth in the last section of such Part. Any provision in any
S. 4006 4 A. 3006
section contained within a Part, including the effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by chapter 556 of the laws of 2022, is amended to
read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
S. 4006 5 A. 3006
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand nineteen--two thousand twenty school
S. 4006 6 A. 3006
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty--two
thousand twenty-one school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
twenty-one--two thousand twenty-two school year, unless all schools in
the district are identified as in good standing, shall submit a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand twenty-one--two thousand twenty-two school year;
AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
THREE SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS
IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR WHICH SHALL,
NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF
SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN
AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS-
SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-TWO--
TWO THOUSAND TWENTY-THREE SCHOOL YEAR; provided, however, that, in a
city school district in a city having a population of one million or
more, notwithstanding the requirements of subparagraph (vi) of paragraph
a of subdivision two of this section, the contract for excellence shall
provide for the expenditure as set forth in subparagraph (v) of para-
graph a of subdivision two of this section. For purposes of this para-
graph, the "gap elimination adjustment percentage" shall be calculated
as the sum of one minus the quotient of the sum of the school district's
net gap elimination adjustment for two thousand ten--two thousand eleven
computed pursuant to chapter fifty-three of the laws of two thousand
ten, making appropriations for the support of government, plus the
school district's gap elimination adjustment for two thousand eleven--
two thousand twelve as computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the support of
the local assistance budget, including support for general support for
public schools, divided by the total aid for adjustment computed pursu-
ant to chapter fifty-three of the laws of two thousand eleven, making
appropriations for the local assistance budget, including support for
general support for public schools. Provided, further, that such amount
shall be expended to support and maintain allowable programs and activ-
ities approved in the two thousand nine--two thousand ten school year or
to support new or expanded allowable programs and activities in the
current year.
§ 2. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
K. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOU-
SAND TWENTY-FOUR SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--
S. 4006 7 A. 3006
TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE
TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI-
SION ONE OF THIS SECTION PLUS THE GREATER OF (A) THE POSITIVE DIFFER-
ENCE, IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH
A OF THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED
PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE
PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION
AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS
SECTION.
§ 3. Subdivision 4 of section 3602 of education law is amended by
adding a new paragraph e-1 to read as follows:
E-1. HIGH-IMPACT TUTORING SET-ASIDE. FOR THE TWO THOUSAND TWENTY-
THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL
SET ASIDE FROM ITS TOTAL FOUNDATION AID THE AMOUNT SET FORTH FOR EACH
SCHOOL DISTRICT AS "HIGH-IMPACT TUTORING SET-ASIDE" UNDER THE HEADING
"2023-24 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY
THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO
THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ENTITLED
"BT232-4", AS COMPUTED PURSUANT TO THIS PARAGRAPH. EACH SCHOOL DISTRICT
SHALL USE SUCH HIGH-IMPACT TUTORING SET-ASIDE AMOUNT TO DELIVER SMALL
GROUP OR INDIVIDUAL TUTORING SESSIONS IN READING AND MATHEMATICS TO
STUDENTS IN GRADES THREE THROUGH EIGHT DESIGNATED BY EACH SCHOOL
DISTRICT AS AT RISK OF FALLING BELOW STATE STANDARDS. SUCH SERVICES AND
SESSIONS MAY BE PROVIDED DURING THE SCHOOL DAY, BEFORE OR AFTER SCHOOL,
OR ON THE WEEKEND AND MUST OCCUR NO LESS THAN TWICE PER WEEK FOR NO LESS
THAN THIRTY MINUTES UNTIL THE STUDENT IS NO LONGER DESIGNATED AS AT
RISK. THE FUNDS SET ASIDE UNDER THIS SECTION SHALL ONLY BE USED TO
SUPPLEMENT CURRENT FEDERAL, STATE AND LOCAL FUNDING AND IN NO CASE SHALL
SUPPLANT CURRENT DISTRICT EXPENDITURES OF FEDERAL, STATE OR LOCAL FUNDS
ON HIGH-IMPACT TUTORING.
(1) FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL
YEAR, FOR DISTRICTS SUBJECT TO A HIGH-IMPACT TUTORING SET-ASIDE, THIS
SET-ASIDE SHALL EQUAL THE GREATER OF: (I) ONE HUNDRED THOUSAND DOLLARS
OR (II) THE PRODUCT OF (A) ONE THOUSAND ONE HUNDRED SEVENTY-SEVEN TEN-
THOUSANDTHS (0.1177) MULTIPLIED BY (B) THE FOUNDATION AID INCREASE BASE.
(2) A DISTRICT SHALL BE SUBJECT TO THE HIGH-IMPACT TUTORING SET-ASIDE
FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR
IF (I) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE FOUNDATION AID INCREASE
BY THE FOUNDATION AID BASE IS GREATER THAN THREE HUNDREDTHS (0.03) AND
(II) THE FOUNDATION AID INCREASE BASE IS GREATER THAN ONE HUNDRED THOU-
SAND DOLLARS ($100,000).
(3) FOR PURPOSES OF THIS PARAGRAPH, "FOUNDATION AID INCREASE" SHALL
EQUAL THE POSITIVE DIFFERENCE OF THE AMOUNTS SET FORTH FOR EACH SCHOOL
DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2023-24 ESTIMATED AIDS"
IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-
THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ENTITLED "BT232-4" LESS
THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER
THE HEADING "2022-23 BASE YEAR AIDS" IN SUCH COMPUTER LISTING.
(4) FOR PURPOSES OF THIS PARAGRAPH, "FOUNDATION AID INCREASE BASE"
SHALL EQUAL THE POSITIVE DIFFERENCE OF THE FOUNDATION AID INCREASE LESS
THE PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDA-
TION AID BASE.
§ 4. Subdivision 9 of section 2852 of the education law, as amended
by section 2 of subpart A of part B of chapter 20 of the laws of 2015,
is amended to read as follows:
S. 4006 8 A. 3006
9. The total number of charters issued pursuant to this article state-
wide shall not exceed four hundred sixty. (a) All charters issued on or
after July first, two thousand fifteen and counted toward the numerical
limits established by this subdivision shall be issued by the board of
regents upon application directly to the board of regents or on the
recommendation of the board of trustees of the state university of New
York pursuant to a competitive process in accordance with subdivision
nine-a of this section. [Fifty of such charters issued on or after July
first, two thousand fifteen, and no more, shall be granted to a charter
for a school to be located in a city having a population of one million
or more.] The failure of any body to issue the regulations authorized
pursuant to this article shall not affect the authority of a charter
entity to propose a charter to the board of regents or the board of
regents' authority to grant such charter. A conversion of an existing
public school to a charter school, or the renewal or extension of a
charter approved by any charter entity, OR THE REISSUANCE OF A SURREN-
DERED, REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR (B-1)
OF THIS SUBDIVISION shall not be counted toward the numerical limits
established by this subdivision.
(b) A charter that has been surrendered, revoked or terminated on or
before July first, two thousand fifteen, including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents either
upon application directly to the board of regents or on the recommenda-
tion of the board of trustees of the state university of New York pursu-
ant to a competitive process in accordance with subdivision nine-a of
this section. Provided that such reissuance shall not be counted toward
the statewide numerical limit established by this subdivision, and
provided further that no more than twenty-two charters may be reissued
pursuant to this paragraph.
(B-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A CHARTER
THAT HAS BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY FIRST, TWO
THOUSAND FIFTEEN, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY
ACTION OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION BY THE BOARD OF REGENTS EITHER UPON APPLICATION
DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF THE BOARD
OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO A COMPET-
ITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS SECTION.
PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE STATEWIDE
NUMERICAL LIMIT ESTABLISHED BY THIS SUBDIVISION.
(c) For purposes of determining the total number of charters issued
within the numerical limits established by this subdivision, the
approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any
charter authorized to be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand seven, and that
remains unissued as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized to
be issued by such chapter in effect as of June fifteenth, two thousand
fifteen[; provided however that nothing in this paragraph shall be
construed to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a) of this
subdivision, as amended by a chapter of the laws of two thousand fifteen
which added this paragraph].
S. 4006 9 A. 3006
§ 5. Paragraph c of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
c. "Actual valuation" shall mean the valuation of taxable real proper-
ty in a school district obtained by taking the assessed valuation of
taxable real property within such district as it appears upon the
assessment roll of the town, city, village, or county in which such
property is located, for the calendar year two years prior to the calen-
dar year in which the base year commenced, after revision as provided by
law, PLUS ANY ASSESSED VALUATION THAT WAS EXEMPTED FROM TAXATION PURSU-
ANT TO THE CLASS ONE REASSESSMENT EXEMPTION AUTHORIZED BY SECTION FOUR
HUNDRED EIGHTY-FIVE-U OF THE REAL PROPERTY TAX LAW OR THE RESIDENTIAL
REVALUATION EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-V
OF SUCH LAW AS ADDED BY CHAPTER FIVE HUNDRED SIXTY OF THE LAWS OF TWO
THOUSAND TWENTY-ONE, and dividing it by the state equalization rate as
determined by the [state board of equalization and assessment] COMMIS-
SIONER OF TAXATION AND FINANCE, for the assessment roll of such town,
city, village, or county completed during such preceding calendar year.
The actual valuation of a central high school district shall be the sum
of such valuations of its component districts. Such actual valuation
shall include any actual valuation equivalent of payments in lieu of
taxes determined pursuant to section four hundred eighty-five of the
real property tax law. "Selected actual valuation" shall mean the lesser
of actual valuation calculated for aid payable in the current year or
the two-year average of the actual valuation calculated for aid payable
in the current year and the actual valuation calculated for aid payable
in the base year.
§ 6. Paragraph d of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
d. "Average daily attendance" shall mean the total number of attend-
ance days of pupils in a public school of a school district in kinder-
garten through grade twelve, or equivalent ungraded programs, plus the
total number of instruction days for such pupils receiving homebound
instruction including pupils receiving [instruction through a two-way
telephone communication system] REMOTE INSTRUCTION AS DEFINED IN THE
REGULATIONS OF THE COMMISSIONER, divided by the number of days the
district school was in session as provided in this section. The attend-
ance of pupils with disabilities attending under the provisions of para-
graph c of subdivision two of section forty-four hundred one of this
chapter shall be added to average daily attendance.
§ 7. Paragraph l of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
l. "Average daily membership" shall mean the possible aggregate
attendance of all pupils in attendance in a public school of the school
district in kindergarten through grade twelve, or equivalent ungraded
programs, including possible aggregate attendance for such pupils
receiving homebound instruction, including pupils receiving [instruction
through a two-way telephone communication system] REMOTE INSTRUCTION AS
DEFINED IN THE REGULATIONS OF THE COMMISSIONER, with the possible aggre-
gate attendance of such pupils in one-half day kindergartens multiplied
by one-half, divided by the number of days the district school was in
session as provided in this section. The full time equivalent enrollment
of pupils with disabilities attending under the provisions of paragraph
c of subdivision two of section forty-four hundred one of this chapter
S. 4006 10 A. 3006
shall be added to average daily membership. Average daily membership
shall include the equivalent attendance of the school district, as
computed pursuant to paragraph d of this subdivision. In any instance
where a pupil is a resident of another state or an Indian pupil is a
resident of any portion of a reservation located wholly or partly within
the borders of the state pursuant to subdivision four of section forty-
one hundred one of this chapter or a pupil is living on federally owned
land or property, such pupil's possible aggregate attendance shall be
counted as part of the possible aggregate attendance of the school
district in which such pupil is enrolled.
§ 8. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 14 of part A of chapter 56 of the
laws of 2022, is amended to read as follows:
For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten [through two thousand
twenty-two--two thousand twenty-three] school [years] YEAR AND THEREAFT-
ER each school district shall be entitled to an apportionment equal to
the amount set forth for such school district as "SUPPLEMENTAL PUB
EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school
aid computer listing produced by the commissioner in support of the
budget for the two thousand nine--two thousand ten school year and enti-
tled "SA0910".
§ 9. Paragraph b of subdivision 6-c of section 3602 of the education
law, as amended by section 11 of part CCC of chapter 59 of the laws of
2018, is amended to read as follows:
b. For projects approved by the commissioner authorized to receive
additional building aid pursuant to this subdivision for the purchase of
stationary metal detectors, security cameras or other security devices
approved by the commissioner that increase the safety of students and
school personnel, provided that for purposes of this paragraph such
other security devices shall be limited to electronic security systems
and hardened doors, and provided that for projects approved by the
commissioner on or after the first day of July two thousand thirteen
[and before the first day of July two thousand twenty-three] such addi-
tional aid shall equal the product of (i) the building aid ratio
computed for use in the current year pursuant to paragraph c of subdivi-
sion six of this section plus ten percentage points, except that in no
case shall this amount exceed one hundred percent, and (ii) the actual
approved expenditures incurred in the base year pursuant to this subdi-
vision, provided that the limitations on cost allowances prescribed by
paragraph a of subdivision six of this section shall not apply, and
provided further that any projects aided under this paragraph must be
included in a district's school safety plan. The commissioner shall
annually prescribe a special cost allowance for metal detectors, and
security cameras, and the approved expenditures shall not exceed such
cost allowance.
§ 10. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 15 of part A of chapter 56 of the laws of
2022, is amended to read as follows:
i. For the two thousand twenty-one--two thousand twenty-two school
year [and] THROUGH the two thousand [twenty-two] TWENTY-THREE--two thou-
sand [twenty-three] TWENTY-FOUR school year, each school district shall
be entitled to an apportionment equal to the amount set forth for such
S. 4006 11 A. 3006
school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21
ESTIMATED AIDS" in the school aid computer listing produced by the
commissioner in support of the budget for the two thousand twenty--two
thousand twenty-one school year and entitled "SA202-1", and such appor-
tionment shall be deemed to satisfy the state obligation to provide an
apportionment pursuant to subdivision eight of section thirty-six
hundred forty-one of this article.
§ 11. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 16 of part A of chapter 56 of the
laws of 2022, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand thirteen--two thousand fourteen through two
thousand [twenty-two] TWENTY-THREE--two thousand [twenty-three] TWENTY-
FOUR school years equal to the greater of (1) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2008-09 BASE
YEAR AIDS" in the school aid computer listing produced by the commis-
sioner in support of the budget for the two thousand nine--two thousand
ten school year and entitled "SA0910" or (2) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
MATED AIDS" in the school aid computer listing produced by the commis-
sioner in support of the executive budget for the 2013-14 fiscal year
and entitled "BT131-4".
§ 12. Section 3602-e of the education law is amended by adding a new
subdivision 3 to read as follows:
3. PROSPECTIVE PREKINDERGARTEN ENROLLMENT REPORTING. A. BEGINNING IN
THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, ALL
SCHOOL DISTRICTS ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER THIS SECTION
OR SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART SHALL ANNUALLY REPORT
TO THE COMMISSIONER: (I) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN
STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-DAY AND HALF-DAY SLOTS IN
DISTRICT-OPERATED PROGRAMS IN THE CURRENT YEAR; (II) THE NUMBER OF FOUR-
YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-
DAY AND HALF-DAY SLOTS IN PROGRAMS OPERATED BY COMMUNITY-BASED ORGANIZA-
TIONS IN THE CURRENT YEAR; (III) THE NUMBER OF FOUR-YEAR-OLD
PREKINDERGARTEN STUDENTS WHOSE PARENT OR GUARDIAN HAS APPLIED FOR A SEAT
FOR THEM IN THE CURRENT YEAR, BUT TO WHOM THE DISTRICT LACKS CAPACITY TO
OFFER A SEAT; (IV) THE TOTAL NUMBER OF FOUR-YEAR-OLD CHILDREN RESIDING
IN THE DISTRICT WHO ARE ELIGIBLE TO BE SERVED UNDER THIS SECTION AND
SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART, INCLUDING STUDENTS WHOSE
S. 4006 12 A. 3006
PARENT OR GUARDIAN DID NOT APPLY, WHERE SUCH INFORMATION CAN BE REASON-
ABLY ASCERTAINED; (V) THE TOTAL NUMBER OF STUDENTS WHO ARE ELIGIBLE TO
ENROLL IN FOUR-YEAR-OLD PREKINDERGARTEN BUT ARE SERVED IN PRIVATE
SETTINGS OR WHOSE PARENT OR GUARDIAN HAS NOT CHOSEN TO ENROLL THE
STUDENT IN A PREKINDERGARTEN PROGRAM WHERE SUCH INFORMATION CAN BE
REASONABLY ASCERTAINED; AND (VI) ANY OTHER INFORMATION AVAILABLE TO
DISTRICTS AND NECESSARY TO ACCURATELY ESTIMATE THE UNMET DEMAND FOR
FOUR-YEAR-OLD PREKINDERGARTEN SERVICES WITHIN THE DISTRICT. THIS REPORT
SHALL BE DUE NO LATER THAN SEPTEMBER FIRST OF EACH YEAR AND SHALL BE
COLLECTED AS PART OF THE APPLICATION SPECIFIED PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION. BEGINNING NOVEMBER FIRST, TWO THOUSAND TWENTY-
THREE, THE COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT TO THE CHAIR-
PERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRPERSON OF THE
SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO THE INFORMATION REPORTED BY DISTRICTS
UNDER THIS SUBDIVISION.
§ 13. Subdivision 20 of section 3602-e of the education law is amended
by adding a new paragraph b to read as follows:
B. TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
(I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN-
TY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO TWICE
THE PRODUCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2) SELECTED AID PER
PREKINDERGARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARA-
GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY-
THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
(II) FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS
FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS FOR PURPOSES OF
SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION.
EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF
(1) THE PRODUCT OF EIGHT HUNDRED NINETY-SEVEN THOUSANDTHS (0.897) MULTI-
PLIED BY UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN
SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS
(2) THE SUM OF FOUR-YEAR-OLD STUDENTS SERVED PLUS THE UNDERSERVED COUNT.
IF SUCH EXPANSION SLOTS ARE GREATER THAN OR EQUAL TO TEN BUT LESS THAN
TWENTY, THE EXPANSION SLOTS SHALL BE TWENTY; IF SUCH EXPANSION SLOTS ARE
LESS THAN TEN, THE EXPANSION SLOTS SHALL BE ZERO; AND FOR A CITY SCHOOL
DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE
EXPANSION SLOTS SHALL BE ZERO.
(III) FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD STUDENTS SERVED"
SHALL BE EQUAL TO THE SUM OF (1) THE NUMBER OF FOUR-YEAR-OLD STUDENTS
SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH
MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT
FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR,
PLUS (2) THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY
SETTINGS IN A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF
SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART AND FOR WHICH GRANTS WERE
AWARDED PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR, PLUS (3) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARA-
GRAPH B OF SUBDIVISION NINETEEN OF THIS SECTION, PLUS (4) THE NUMBER OF
EXPANSION SLOTS ALLOCATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION,
PLUS (5) THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE SERVED IN FULL-DAY
PREKINDERGARTEN PROGRAMS FUNDED BY GRANTS WHICH MUST MEET THE REQUIRE-
MENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART FOR GRANTS
AWARDED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR TWO
THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR.
S. 4006 13 A. 3006
(IV) FOR PURPOSES OF THIS PARAGRAPH, THE UNDERSERVED COUNT SHALL BE
EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE SUM OF (A) ELIGIBLE
FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH
(II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOU-
SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (B) THE PROD-
UCT OF FIVE-TENTHS (0.5) AND THE ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKIN-
DERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH B OF
SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO SCHOOL YEAR, LESS (2) THE POSITIVE DIFFERENCE OF (A)
THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED IN FULL-DAY AND HALF-DAY
SETTINGS IN A STATE-FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF
THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND TWENTY-
ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, WITH STUDENTS SERVED IN HALF-
DAY SETTINGS MULTIPLIED BY FIVE-TENTHS (0.5), LESS (B) THE NUMBER OF
PUPILS SERVED IN A CONVERSION SLOT PURSUANT TO SECTION THIRTY-SIX
HUNDRED TWO-EE OF THIS PART IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
TWENTY-TWO SCHOOL YEAR MULTIPLIED BY FIVE-TENTHS (0.5).
§ 14. Paragraph d of subdivision 12 of section 3602-e of the education
law, as amended by section 17-b of part A of chapter 56 of the laws of
2022, is amended to read as follows:
d. transitional guidelines and rules which allow a program to meet the
required staff qualifications and any other requirements set forth
pursuant to this section and regulations adopted by the board of regents
and the commissioner; provided that such guidelines include an annual
process by which a district may apply to the commissioner by [August]
SEPTEMBER first of the current school year for a waiver that would allow
personnel employed by an eligible agency that is collaborating with a
school district to provide prekindergarten services and licensed by an
agency other than the department, to meet the staff qualifications
prescribed by the licensing or registering agency. Provided, further,
that the commissioner shall annually submit a report by [September]
NOVEMBER first to the chairperson of the assembly ways and means commit-
tee, the chairperson of the senate finance committee and the director of
the budget which shall include but not be limited to the following: (a)
a listing of the school districts receiving a waiver pursuant to this
paragraph from the commissioner for the current school year; (b) the
number and proportion of students within each district receiving a waiv-
er pursuant to this paragraph for the current school year that are
receiving instruction from personnel employed by an eligible agency that
is collaborating with a school district to provide prekindergarten
services and licensed by an agency other than the department; and (c)
the number and proportion of total prekindergarten personnel for each
school district that are providing instructional services pursuant to
this paragraph that are employed by an eligible agency that is collab-
orating with a school district to provide prekindergarten services and
licensed by an agency other than the department, to meet the staff qual-
ifications prescribed by the licensing or registering agency.
§ 15. Paragraph c of subdivision 8 of section 3602-ee of the education
law, as amended by section 17-a of part A of chapter 56 of the laws of
2022, is amended to read as follows:
(c) for eligible agencies as defined in paragraph b of subdivision one
of section thirty-six hundred two-e of this part that are not schools, a
bachelor's degree in early childhood education. Provided however, begin-
ning with the two thousand twenty-two--two thousand twenty-three school
year, a school district may annually apply to the commissioner by
[August] SEPTEMBER first of the current school year for a waiver that
S. 4006 14 A. 3006
would allow personnel employed by an eligible agency that is collaborat-
ing with a school district to provide prekindergarten services and
licensed by an agency other than the department, to meet the staff qual-
ifications prescribed by the licensing or registering agency. Provided
further that the commissioner shall annually submit a report by [Septem-
ber] NOVEMBER first to the chairperson of the assembly ways and means
committee, the chairperson of the senate finance committee and the
director of the budget which shall include but not be limited to the
following: (a) a listing of the school districts receiving a waiver
pursuant to this paragraph from the commissioner for the current school
year; (b) the number and proportion of students within each district
receiving a waiver pursuant to this paragraph for the current school
year that are receiving instruction from personnel employed by an eligi-
ble agency that is collaborating with a school district to provide prek-
indergarten services and licensed by an agency other than the depart-
ment; and (c) the number and proportion of total prekindergarten
personnel for each school district that are providing instructional
services pursuant to this paragraph that are employed by an eligible
agency that is collaborating with a school district to provide prekin-
dergarten services and licensed by an agency other than the department,
to meet the staff qualifications prescribed by the licensing or regis-
tering agency.
§ 16. Subdivision 16 of section 3602-ee of the education law, as
amended by section 17 of part A of chapter 56 of the laws of 2022, is
amended to read as follows:
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[twenty-three] TWENTY-FOUR; provided that the program shall continue and
remain in full effect.
§ 17. Paragraph a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended to read
as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
S. 4006 15 A. 3006
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO
THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR, the
commissioner shall certify no payment to a school district based on a
claim submitted later than one year after the close of such school year.
FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER, THE
COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR.
Provided, however, no payments shall be barred or reduced where such
payment is required as a result of a final audit of the state. [It is
further provided that, until June thirtieth, nineteen hundred ninety-
six, the commissioner may grant a waiver from the provisions of this
section for any school district if it is in the best educational inter-
ests of the district pursuant to guidelines developed by the commission-
er and approved by the director of the budget.] IT IS FURTHER PROVIDED
THAT, FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED
ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED
FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX
HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND
FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-TWO-
-TWO THOUSAND TWENTY-THREE AND TWO THOUSAND TWENTY-THREE--TWO THOUSAND
TWENTY-FOUR SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A
SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS FOUR,
SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR STATE FISCAL
YEAR AND ENTITLED "BT232-4", AND FURTHER PROVIDED THAT FOR ANY APPOR-
TIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED
ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN
S. 4006 16 A. 3006
HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIR-
TY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED
FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY
NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDI-
VISIONS FOUR, SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN
ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
§ 18. The opening paragraph of section 3609-a of the education law, as
amended by section 19 of part A of chapter 56 of the laws of 2022, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand twenty-two--two thousand twenty-three
school year, "moneys apportioned" shall mean the lesser of (i) the sum
of one hundred percent of the respective amount set forth for each
school district as payable pursuant to this section in the school aid
computer listing for the current year produced by the commissioner in
support of the budget which includes the appropriation for the general
support for public schools for the prescribed payments and individual-
ized payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from apportionment payable pursuant to this chapter for
collection of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision five of section ninety-seven-
nnnn of the state finance law, less any grants provided pursuant to
subdivision twelve of section thirty-six hundred forty-one of this arti-
cle, or (ii) the apportionment calculated by the commissioner based on
data on file at the time the payment is processed; provided however,
that for the purposes of any payments made pursuant to this section
prior to the first business day of June of the current year, moneys
apportioned shall not include any aids payable pursuant to subdivisions
six and fourteen, if applicable, of section thirty-six hundred two of
this part as current year aid for debt service on bond anticipation
notes and/or bonds first issued in the current year or any aids payable
for full-day kindergarten for the current year pursuant to subdivision
nine of section thirty-six hundred two of this part. The definitions of
"base year" and "current year" as set forth in subdivision one of
section thirty-six hundred two of this part shall apply to this section.
[For aid payable in the two thousand twenty-two--two thousand twenty-
three school year, reference to such "school aid computer listing for
the current year" shall mean the printouts entitled "SA222-3".] FOR AID
PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR
SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE SUM OF
APPORTIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS ARTICLE PLUS THE LESSER OF: (I) THE SUM OF ONE
HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL
DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER
LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF
S. 4006 17 A. 3006
THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE
GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDI-
VIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS
THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO
SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION
SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION
FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION OF A
SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF
SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED
PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF
SECTION NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED
PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE
FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, LESS APPORTION-
MENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE
COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED,
EXCLUDING APPORTIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE; PROVIDED HOWEVER, THAT
FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO
THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED
SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND
FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART
AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR
BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY
KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID PAYABLE IN THE TWO
THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, REFERENCE
TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN
THE PRINTOUTS ENTITLED "BT232-4".
§ 19. Section 3638 of the education law is amended by adding a new
subdivision 7 to read as follows:
7. ZERO-EMISSION BUS PROGRESS REPORTING. A. BEGINNING IN THE TWO THOU-
SAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, ALL SCHOOL
DISTRICTS ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER SUBDIVISION SEVEN
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL ANNUALLY SUBMIT
TO THE COMMISSIONER A PROGRESS REPORT ON THE IMPLEMENTATION OF ZERO-EM-
ISSION BUSES AS REQUIRED UNDER THIS SECTION IN A FORMAT PRESCRIBED BY
THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET. THE REPORT
SHALL INCLUDE, BUT NOT BE LIMITED TO, (I) SUFFICIENCY OF THE ELECTRIC
GRID TO SUPPORT ANTICIPATED ELECTRICAL NEEDS, (II) THE AVAILABILITY AND
INSTALLATION OF CHARGING STATIONS AND OTHER COMPONENTS REQUIRED TO
SUPPORT THE ANTICIPATED FULL NEEDS FOR ZERO-EMISSION SCHOOL BUSES, (III)
PROGRESS OF THE TRAINING AND WORKFORCE DEVELOPMENT NEEDED TO SUPPORT,
MAINTAIN, AND SERVICE ZERO-EMISSION BUSES, (IV) THE NUMBER AND PROPOR-
TION OF ZERO-EMISSION BUSES PURCHASED, LEASED, OR UTILIZED BY DISTRICTS
PROVIDING TRANSPORTATION SERVICES CURRENTLY IN USE AND THE TOTAL ANTIC-
IPATED NUMBER FOR THE NEXT TWO YEARS, AND (V) THE NUMBER AND PROPORTION
OF ZERO-EMISSION BUSES PURCHASED, LEASED, OR UTILIZED BY CONTRACTORS
PROVIDING TRANSPORTATION SERVICES CURRENTLY IN USE AND THE TOTAL ANTIC-
IPATED NUMBER FOR THE NEXT TWO YEARS. THESE REPORTS SHALL BE DUE NO
LATER THAN AUGUST FIRST OF EACH YEAR. BEGINNING OCTOBER FIRST, TWO
THOUSAND TWENTY-THREE, THE COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT
TO THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR-
PERSON OF THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET
S. 4006 18 A. 3006
WHICH SHALL INCLUDE BUT NOT BE LIMITED TO THE INFORMATION REPORTED BY
DISTRICTS UNDER THIS SUBDIVISION.
§ 20. Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by section
20 of part A of chapter 56 of the laws of 2022, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
reimbursement for the 2019--2020 school year shall not exceed 57.7
percent of the lesser of such approvable costs per contact hour or
fifteen dollars sixty cents per contact hour, reimbursement for the
2020--2021 school year shall not exceed 56.9 percent of the lesser of
such approvable costs per contact hour or sixteen dollars and twenty-
five cents per contact hour, reimbursement for the 2021--2022 school
year shall not exceed 56.0 percent of the lesser of such approvable
costs per contact hour or sixteen dollars and forty cents per contact
hour, [and] reimbursement for the 2022--2023 school year shall not
exceed 55.7 percent of the lesser of such approvable costs per contact
hour or sixteen dollars and sixty cents per contact hour, AND REIMBURSE-
MENT FOR THE 2023--2024 SCHOOL YEAR SHALL NOT EXCEED 54.7 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR EIGHTEEN DOLLARS PER
CONTACT HOUR, and where a contact hour represents sixty minutes of
instruction services provided to an eligible adult. Notwithstanding any
other provision of law to the contrary, for the 2018--2019 school year
such contact hours shall not exceed one million four hundred sixty-three
thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school
year such contact hours shall not exceed one million four hundred
forty-four thousand four hundred forty-four (1,444,444); for the
2020--2021 school year such contact hours shall not exceed one million
four hundred six thousand nine hundred twenty-six (1,406,926); for the
2021--2022 school year such contact hours shall not exceed one million
four hundred sixteen thousand one hundred twenty-two (1,416,122); [and]
for the 2022--2023 school year such contact hours shall not exceed one
million four hundred six thousand nine hundred twenty-six (1,406,926);
AND FOR THE 2023--2024 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED
ONE MILLION ONE HUNDRED SIXTY-EIGHT THOUSAND SIX HUNDRED NINETY-NINE
(1,168,699). Notwithstanding any other provision of law to the contrary,
the apportionment calculated for the city school district of the city of
New York pursuant to subdivision 11 of section 3602 of the education law
shall be computed as if such contact hours provided by the consortium
for worker education, not to exceed the contact hours set forth herein,
were eligible for aid in accordance with the provisions of such subdivi-
sion 11 of section 3602 of the education law.
§ 21. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion bb to read as follows:
BB. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2023--24 SCHOOL YEAR. NOTWITHSTANDING ANY
INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
S. 4006 19 A. 3006
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($11,500,000).
§ 22. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 22 of part A of
chapter 56 of the laws of 2022, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed [on] June 30, [2023] 2024.
§ 23. Subdivision 2 of section 44 of part CCC of chapter 59 of the
laws of 2018 amending the education law, relating to a statement of the
total funding allocation, is amended to read as follows:
2. Sections four and four-a of this act shall expire and be deemed
repealed June 30, [2023] 2028; and
§ 24. Section 12 of chapter 147 of the laws of 2001 amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by section 24 of part A of
chapter 56 of the laws of 2022, is amended to read as follows:
§ 12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect[, and shall expire July 1, 2023 when upon
such date the provisions of this act shall be deemed repealed].
§ 25. Section 12 of part C of chapter 56 of the laws of 2020 direct-
ing the commissioner of education to appoint a monitor for the
Rochester city school district, establishing the powers and duties
of such monitor and certain other officers and relating to the appor-
tionment of aid to such school district, is amended to read as
follows:
§ 12. This act shall take effect immediately, provided, however, that
sections two, three, four, five, six, seven, eight, nine and ten of this
act shall expire and be deemed repealed June 30, [2023] 2025; and
provided further, however that sections one and eleven of this act shall
expire and be deemed repealed June 30, 2049.
§ 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws
of 2004 relating to the support of education, as amended by section 37
of part A of chapter 56 of the laws of 2020, is amended to read as
follows:
11. section seventy-one of this act shall expire and be deemed
repealed June 30, [2023] 2028;
§ 27. 1. The education department shall conduct a comprehensive study
of alternative tuition rate-setting methodologies for approved providers
operating school-age programs receiving funding under article 81 and
article 89 of the education law and providers operating approved
preschool special education programs under section 4410 of the education
law. The department shall ensure that such study consider stakeholder
feedback and include, but not be limited to, a comparative analysis of
rate-setting methodologies utilized by other agencies of the state of
New York, including the rate-setting methodology utilized by the office
of children and family services for private residential school programs;
options and recommendations for an alternative rate-setting methodology
or methodologies; cost estimates for such alternative methodologies; and
an analysis of current provider tuition rates compared to tuition rates
that would be established under such alternative methodologies.
2. At a minimum, any recommended alternative rate-setting methodology
or methodologies proposed for such preschool and school-age providers
shall: (a) in total, be cost neutral to the state, school districts and
counties; (b) substantially restrict or eliminate tuition rate appeals;
S. 4006 20 A. 3006
(c) establish tuition rates that are calculated based on standardized
parameters and criteria, including, but not limited to, defined program
and staffing models, regional costs, and minimum required enrollment
levels as a percentage of program operating capacities; (d) include a
schedule to phase in new tuition rates in accordance with the recom-
mended methodology or methodologies; and (e) ensure tuition rates for
all programs can be calculated no later than the beginning of each
school year.
3. The education department shall present its recommendations and
analysis to the division of the budget no later than July 1, 2025,
provided, however, that the department shall regularly consult with the
division of the budget throughout completion of its study. Adoption of
any alternative rate-setting methodologies shall be subject to the
approval of the director of the division of the budget.
§ 28. Section 3 of chapter 507 of the laws of 1974, relating to
providing for the apportionment of state monies to certain nonpublic
schools, to reimburse them for their expenses in complying with certain
state requirements for the administration of state testing and evalu-
ation programs and for participation in state programs for the reporting
of basic educational data, as amended by section 38 of part A of chapter
56 of the laws of 2021, is amended to read as follows:
§ 3. Apportionment. a. The commissioner shall annually apportion to
each qualifying school, for school years beginning on and after July
first, nineteen hundred seventy-four, an amount equal to the actual cost
incurred by each such school during the preceding school year for
providing services required by law to be rendered to the state in
compliance with the requirements of the state's pupil evaluation
program, the basic educational data system, regents examinations, the
statewide evaluation plan, the uniform procedure for pupil attendance
reporting, the state's immunization program and other similar state
prepared examinations and reporting procedures. Provided that each
nonpublic school that seeks aid payable in the two thousand twenty--two
thousand twenty-one school year to reimburse two thousand nineteen--two
thousand twenty school year expenses shall submit a claim for such aid
to the state education department no later than May fifteenth, two thou-
sand twenty-one and such claims shall be paid by the state education
department no later than June thirtieth, two thousand twenty-one.
Provided further that each nonpublic school that seeks aid payable in
the two thousand twenty-one--two thousand twenty-two school year and
thereafter shall submit a claim for such aid to the state education
department no later than April first of the school year in which aid is
payable and such claims shall be paid by the state education department
no later than May thirty-first of such school year. PROVIDED FURTHER
THAT, FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND
TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, THE STATE'S LIABILITY UNDER THIS
SECTION SHALL BE LIMITED TO THE ANNUAL AMOUNT APPROPRIATED FOR SUCH
PURPOSE. IN THE EVENT THAT TOTAL CLAIMS SUBMITTED EXCEED THE APPROPRI-
ATION AVAILABLE FOR SUCH AID, EACH CLAIMANT SHALL ONLY BE REIMBURSED AN
AMOUNT EQUAL TO THE PERCENTAGE THAT EACH SUCH CLAIMANT REPRESENTS TO THE
TOTAL OF ALL CLAIMS SUBMITTED.
b. Such nonpublic schools shall be eligible to receive aid based on
the number of days or portion of days attendance is taken and either a
5.0/5.5 hour standard instructional day, or another work day as certi-
fied by the nonpublic school officials, in accordance with the methodol-
ogy for computing salary and benefits applied by the department in
S. 4006 21 A. 3006
paying aid for the two thousand twelve--two thousand thirteen and prior
school years.
c. The commissioner shall annually apportion to each qualifying school
in the cities of New York, Buffalo and Rochester, for school years
beginning on or after July first two thousand sixteen, an amount equal
to the actual cost incurred by each such school during the preceding
school year in meeting the recording and reporting requirements of the
state school immunization program, provided that the state's liability
shall be limited to the amount appropriated for this purpose.
§ 29. Special apportionment for salary expenses. 1. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2024 and not later than the last day of the third full
business week of June 2024, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the school year
ending June 30, 2024, for salary expenses incurred between April 1 and
June 30, 2023 and such apportionment shall not exceed the sum of (a) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (b)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (c) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus (d) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
nation adjustment for 2011-- 2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
2. The claim for an apportionment to be paid to a school district
pursuant to subdivision 1 of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions 1 and 2 of this section shall first be deducted from the
following payments due the school district during the school year
S. 4006 22 A. 3006
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
§ 30. Special apportionment for public pension accruals. 1. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2024, a school district eligi-
ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2024 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
2. The claim for an apportionment to be paid to a school district
pursuant to subdivision 1 of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions 1 and 2 of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
S. 4006 23 A. 3006
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
§ 31. The amounts specified in this section shall be a set-aside from
the state funds which each such district is receiving from the total
foundation aid:
1. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2023--2024 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
2. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside funds for: (a) any instructional or
instructional support costs associated with the operation of a magnet
school; or (b) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
3. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this subdivision, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2023--2024 school year, and
for any city school district in a city having a population of more than
one million, the set-aside for attendance improvement and dropout
prevention shall equal the amount set aside in the base year. For the
S. 4006 24 A. 3006
2023--2024 school year, it is further provided that any city school
district in a city having a population of more than one million shall
allocate at least one-third of any increase from base year levels in
funds set aside pursuant to the requirements of this section to communi-
ty-based organizations. Any increase required pursuant to this section
to community-based organizations must be in addition to allocations
provided to community-based organizations in the base year.
4. For the purpose of teacher support for the 2023--2024 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 32. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2023 enacting
the aid to localities budget shall be apportioned for the 2023-2024
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of such chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001-2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2023-2024
by a chapter of the laws of 2023 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
ensure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
§ 33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the
laws of 2002 relating to the financial stability of the Rochester city
school district, is amended to read as follows:
S. 4006 25 A. 3006
(2) Notwithstanding any other provisions of law, for aid payable in
the 2002-03 through [2022-23] 2027-28 school years, an amount equal to
twenty million dollars ($20,000,000) of general support for public
schools otherwise due and payable to the Rochester city school district
on or before September first of the applicable school year shall be for
an entitlement period ending the immediately preceding June thirtieth.
§ 34. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 35. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023, provided,
however, that:
1. Sections one, two, three, five, eight, nine, ten, eleven, fourteen,
fifteen, sixteen, eighteen, twenty-two, thirty-one, and thirty-three of
this act shall take effect July 1, 2023;
2. Section three of this act shall expire and be deemed repealed June
30, 2024;
3. Section nineteen of this act shall expire and be deemed repealed
June 30, 2036; and
4. The amendments to chapter 756 of the laws of 1992 relating to fund-
ing a program for work force education conducted by a consortium for
worker education in New York city made by sections twenty and twenty-one
of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith.
PART B
Section 1. The opening paragraph of subparagraph 4 of paragraph h of
subdivision 2 of section 355 of the education law, as amended by section
1 of part JJJ of chapter 59 of the laws of 2017, is amended to read as
follows:
The trustees shall not impose a differential tuition charge based upon
need or income. Except as hereinafter provided, all students enrolled in
programs leading to like degrees at state-operated institutions of the
state university shall be charged a uniform rate of tuition except for
differential tuition rates based on state residency. Provided, however,
that the trustees may authorize the presidents of the colleges of tech-
nology and the colleges of agriculture and technology to set differing
rates of tuition for each of the colleges for students enrolled in
degree-granting programs leading to an associate degree and non-degree
granting programs so long as such tuition rate does not exceed the
tuition rate charged to students who are enrolled in like degree
programs or degree-granting undergraduate programs leading to a bacca-
laureate degree at other state-operated institutions of the state
university of New York. PROVIDED FURTHER, THAT THE TRUSTEES MAY ESTAB-
LISH A DIFFERENTIAL TUITION CHARGE FOR STUDENTS ATTENDING THE UNIVERSITY
CENTERS AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK PURSUANT TO
SUBDIVISION FOUR-C OF THIS SECTION. Notwithstanding any other provision
S. 4006 26 A. 3006
of this subparagraph, the trustees may authorize the setting of a sepa-
rate category of tuition rate, that shall be greater than the tuition
rate for resident students and less than the tuition rate for non-resi-
dent students, only for students enrolled in distance learning courses
who are not residents of the state. Except as otherwise authorized in
this subparagraph, the trustees shall not adopt changes affecting
tuition charges prior to the enactment of the annual budget, provided
however that:
§ 2. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of
the education law, as amended by section 2 of chapter 437 of the laws of
2015, is amended to read as follows:
(4) The trustees shall not impose a differential tuition charge based
upon need or income. All students enrolled in programs leading to like
degrees at state-operated institutions of the state university shall be
charged a uniform rate of tuition except for differential tuition rates
based on state residency. Provided, however, that the trustees may
authorize the presidents of the colleges of technology and the colleges
of agriculture and technology to set differing rates of tuition for each
of the colleges for students enrolled in degree-granting programs lead-
ing to an associate degree and non-degree granting programs so long as
such tuition rate does not exceed the tuition rate charged to students
who are enrolled in like degree programs or degree-granting undergradu-
ate programs leading to a baccalaureate degree at other state-operated
institutions of the state university of New York. PROVIDED FURTHER,
THAT THE TRUSTEES MAY ESTABLISH A DIFFERENTIAL TUITION CHARGE FOR
STUDENTS ATTENDING THE UNIVERSITY CENTERS AT ALBANY, BINGHAMTON,
BUFFALO, AND STONY BROOK PURSUANT TO SUBDIVISION FOUR-C OF THIS SECTION.
Notwithstanding any other provision of this subparagraph, the trustees
may authorize the setting of a separate category of tuition rate, that
shall be greater than the tuition rate for resident students and less
than the tuition rate for non-resident students, only for students
enrolled in distance learning courses who are not residents of the
state. The trustees shall not adopt changes affecting tuition charges
prior to the enactment of the annual budget.
§ 3. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding two new subparagraphs 4-a-1 and 4-c to read as
follows:
(4-A-1) COMMENCING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND
TWENTY-FOUR ACADEMIC YEAR THROUGH THE TWO THOUSAND TWENTY-SEVEN--TWO
THOUSAND TWENTY-EIGHT ACADEMIC YEAR, FOLLOWING THE REVIEW AND APPROVAL
OF THE CHANCELLOR OF THE STATE UNIVERSITY OR HIS OR HER DESIGNEE THE
BOARD OF TRUSTEES MAY ANNUALLY RAISE NON-RESIDENT UNDERGRADUATE RATES OF
TUITION FOR THE FOUR UNIVERSITY CENTERS AT ALBANY, BINGHAMTON, BUFFALO,
AND STONY BROOK IF THE BOARD SHALL DETERMINE THAT SUCH RATE INCREASE IS
COMPETITIVE WITH THE RATES OF TUITION CHARGED BY PEER INSTITUTIONS,
PROVIDED HOWEVER THAT IN NO YEAR SHALL SUCH RATE OF TUITION EXCEED ONE
HUNDRED AND TEN PERCENT OF THE TUITION RATE FOR THE UNIVERSITY CENTERS
IN THE PRIOR ACADEMIC YEAR.
(4-C) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND
TWENTY-FOUR ACADEMIC YEAR AND THEREAFTER, THE BOARD OF TRUSTEES MAY
RAISE RESIDENT UNDERGRADUATE RATES OF TUITION IN EXCESS OF THE TUITION
RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE LOWER OF (I) THE
GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED ANNUALLY BY THE
COMMONFUND ASSET MANAGEMENT COMPANY, INC. FOUNDED IN 1971, OR OTHER
ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX INTO THE
FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH ACADEMIC YEAR,
S. 4006 27 A. 3006
OR (II) THREE PERCENT. NOTWITHSTANDING THE PRECEDING, AND UPON THE
APPROVAL OF THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES, THE
FOLLOWING INSTITUTIONS MAY HAVE ADDITIONAL INCREASES TO THE RESIDENT
RATES OF UNDERGRADUATE TUITION THAT ARE IN ADDITION TO ANY IMPACT FROM
THE PRECEDING; FOR THE UNIVERSITY CENTER AT ALBANY, THE UNIVERSITY
CENTER AT BINGHAMTON, THE UNIVERSITY CENTER AT BUFFALO, AND THE UNIVER-
SITY CENTER AT STONY BROOK SUCH ANNUAL INCREASE MAY INCLUDE UP TO AN
ADDITIONAL SIX PERCENTAGE POINTS. NOTWITHSTANDING THE PRECEDING, NO
SUCH ADDITIONAL ANNUAL INCREASE SHALL RESULT IN A RATE IN EXCESS OF
THIRTY PERCENT HIGHER THAN THE RATE CHARGED IN SUCH YEAR FOR STATE-OPER-
ATED INSTITUTIONS OTHER THAN THE UNIVERSITY CENTER AT ALBANY, THE
UNIVERSITY CENTER AT BINGHAMTON, THE UNIVERSITY CENTER AT BUFFALO, AND
THE UNIVERSITY CENTER AT STONY BROOK. MONIES GENERATED BY THESE PROSPEC-
TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT
SERVICES, RESEARCH AND DISCOVERY, AND THE SUCCESS OF THE UNIVERSITY
SYSTEM.
§ 4. Paragraph (a) of subdivision 7 of section 6206 of the education
law is amended by adding a new subparagraph (vi) to read as follows:
(VI) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN-
TY-FOUR ACADEMIC YEAR AND THEREAFTER, THE CITY UNIVERSITY OF NEW YORK
BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF TUITION IN
EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE
LOWER OF (A) THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED
ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT COMPANY, INC. FOUNDED IN
1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX
INTO THE FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH
ACADEMIC YEAR, OR (B) THREE PERCENT. MONIES GENERATED BY THESE PROSPEC-
TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT
SERVICES, RESEARCH AND DISCOVERY, AND THE SUCCESS OF THE UNIVERSITY
SYSTEM.
§ 5. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 669 of the laws of 2022, is amended to read
as follows:
(a) (I) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency. Notwithstanding any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition rate, that shall be greater than the
tuition rate for resident students and less than the tuition rate for
non-resident students, only for students enrolled in distance learning
courses who are not residents of the state. The trustees shall further
provide that the payment of tuition and fees by any student who is not a
S. 4006 28 A. 3006
resident of New York state, other than a non-immigrant noncitizen within
the meaning of paragraph (15) of subsection (a) of section 1101 of title
8 of the United States Code, shall be paid at a rate or charge no great-
er than that imposed for students who are residents of the state if such
student:
[(i)] (1) attended an approved New York high school for two or more
years, graduated from an approved New York high school and applied for
attendance at an institution or educational unit of the city university
within five years of receiving a New York state high school diploma; or
[(ii)] (2) attended an approved New York state program for general
equivalency diploma exam preparation, received a general equivalency
diploma issued within New York state and applied for attendance at an
institution or educational unit of the city university within five years
of receiving a general equivalency diploma issued within New York state;
or
[(iii)] (3) was enrolled in an institution or educational unit of the
city university in the fall semester or quarter of the two thousand
one--two thousand two academic year and was authorized by such institu-
tion or educational unit to pay tuition at the rate or charge imposed
for students who are residents of the state.
A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating that
the student has filed an application to legalize his or her immigration
status, or will file such an application as soon as he or she is eligi-
ble to do so. The trustees shall not adopt changes in tuition charges
prior to the enactment of the annual budget. The board of trustees may
accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such sums
as may be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education appropriate to the field of higher
education. In all courses and courses of study it may, in its
discretion, require students to pay library, laboratory, locker, break-
age and other instructional and non-instructional fees and meet the cost
of books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees and charges
for student government and other student activities and receive and
expend them as agent or trustee.
(II) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN-
TY-FOUR ACADEMIC YEAR AND THEREAFTER, THE CITY UNIVERSITY OF NEW YORK
BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF TUITION IN
EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE
LOWER OF (1) THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED
ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT COMPANY, INC. FOUNDED IN
1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX
INTO THE FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH
ACADEMIC YEAR, OR (2) THREE PERCENT. MONIES GENERATED BY THESE PROSPEC-
TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT
SERVICES, RESEARCH AND DISCOVERY, AND THE SUCCESS OF THE UNIVERSITY
SYSTEM.
§ 6. This act shall take effect immediately; provided however:
a. the amendments to subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law made by section one of this act shall
be subject to the expiration and reversion of such subparagraph pursuant
to section 16 of chapter 260 of the laws of 2011 as amended, when upon
S. 4006 29 A. 3006
such date the provisions of section two of this act shall take effect;
and
b. the amendments to paragraph (a) of subdivision 7 of section 6206 of
the education law made by section four of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 16 of
chapter 260 of the laws of 2011 as amended, when upon such date the
provisions of section five of this act shall take effect.
PART C
Section 1. The education law is amended by adding a new section 6438-b
to read as follows:
§ 6438-B. ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS. 1. EVERY
CAMPUS OF THE STATE UNIVERSITY OF NEW YORK AND EVERY CAMPUS OF THE CITY
UNIVERSITY OF NEW YORK, WHICH SHALL INCLUDE THE COMMUNITY COLLEGE
CAMPUSES OF SUCH INSTITUTIONS, SHALL PROVIDE ACCESS TO MEDICATION
ABORTION PRESCRIPTION DRUGS FOR ALL STUDENTS ENROLLED AT SUCH INSTI-
TUTIONS.
2. FOR PURPOSES OF THIS SECTION, "ACCESS TO MEDICATION ABORTION
PRESCRIPTION DRUGS" MEANS EITHER:
(A) THE PRESCRIBING AND DISPENSING OF MEDICATION ABORTION PRESCRIPTION
DRUGS DIRECTLY TO A STUDENT, PERFORMED BY INDIVIDUALS LEGALLY CERTIFIED
TO PRESCRIBE AND DISPENSE SUCH MEDICATION EMPLOYED BY OR WORKING ON
BEHALF OF THE CAMPUS; OR
(B) REFERRAL TO A HEALTHCARE PROVIDER OR PHARMACY IN THE COMMUNITY
CERTIFIED TO DISPENSE SUCH MEDICATION.
3. THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND THE TRUSTEES
OF THE CITY UNIVERSITY OF NEW YORK SHALL ADOPT UNIFORM POLICES FOR EACH
UNIVERSITY ENSURING EFFECTIVE ACCESS TO MEDICATION ABORTION PRESCRIPTION
DRUGS PURSUANT TO THIS SECTION.
§ 2. This act shall take effect August 1, 2023. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART D
Section 1. Paragraphs b and c of subdivision 4 of section 612 of the
education law, as added by chapter 425 of the laws of 1988, are amended
to read as follows:
[b. A grant to a recipient of an award under this section shall not
exceed the amount of three hundred thousand dollars for any grant year,
provided that a recipient may receive a grant in excess of such amount
at the rate of twelve hundred fifty dollars for each student, in excess
of two hundred forty students, who is provided compensatory and support
services by the recipient during such grant year.
c.] B. The grant recipients shall provide students at public and
nonpublic schools the opportunity to receive compensatory and support
services in an equitable manner consistent with the number and need of
the children in such schools.
§ 2. This act shall take effect immediately.
PART E
Section 1. Section 1503 of the business corporation law is amended by
adding a new paragraph (h) to read as follows:
S. 4006 30 A. 3006
(H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) THAT A SIMPLE
MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS
AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS
LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II) THAT ALL
SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE
OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF
PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER
SECTION 7404 OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH,
"FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGISTERED WITH THE EDUCATION
DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS
OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.
NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER THIS SECTION
MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT
IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVE-
LY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES.
FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO
PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTI-
TY. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION
A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH
THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY
SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION.
§ 2. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
1503 OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED
BY LAW TO PRACTICE IN THIS STATE THE PROFESSION WHICH SUCH CORPORATION
IS AUTHORIZED TO PRACTICE OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH
PROFESSION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH
SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPO-
RATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
(I) AT LEAST A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE CERTIFIED PUBLIC
ACCOUNTANTS, AND
(III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE CERTIFIED PUBLIC
ACCOUNTANTS, AND
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS.
NO SHAREHOLDER OF A PROFESSIONAL SERVICE CORPORATION ESTABLISHED PURSU-
ANT TO PARAGRAPH (H) OF SECTION 1503 OF THIS ARTICLE SHALL ENTER INTO A
VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF
HIS OR HER SHARES. ALL AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION
OF THIS SECTION SHALL BE VOID.
§ 3. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
S. 4006 31 A. 3006
(C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION 1503 OF THIS ARTICLE MAY INCLUDE
INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN ANY
STATE, PROVIDED HOWEVER THAT AT LEAST A SIMPLE MAJORITY OF THE DIREC-
TORS, AT LEAST A SIMPLE MAJORITY OF THE OFFICERS AND THE PRESIDENT, THE
CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR
OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE PROFESSION
WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHARE-
HOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR
PROFESSIONS IN SUCH CORPORATION.
§ 4. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
§ 1509. Disqualification of shareholders, directors, officers and
employees.
If any shareholder, director, officer or employee of a professional
service corporation, including a design professional service corpo-
ration, who has been rendering professional service to the public
becomes legally disqualified to practice his OR HER profession within
this state, he OR SHE shall sever all employment with, and financial
interests (other than interests as a creditor) in, such corporation
forthwith or as otherwise provided in section 1510 of this article. All
provisions of law regulating the rendering of professional services by a
person elected or appointed to a public office shall be applicable to a
shareholder, director, officer and employee of such corporation in the
same manner and to the same extent as if fully set forth herein. Such
legal disqualification to practice his OR HER profession within this
state shall be deemed to constitute an irrevocable offer by the disqual-
ified shareholder to sell his OR HER shares to the corporation, pursuant
to the provisions of section 1510 of this article or of the certificate
of incorporation, by-laws or agreement among the corporation and all
shareholders, whichever is applicable. Compliance with the terms of such
offer shall be specifically enforceable in the courts of this state. A
professional service corporation's failure to enforce compliance with
this provision shall constitute a ground for forfeiture of its certif-
icate of incorporation and its dissolution.
§ 5. Paragraph (a) of section 1511 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended and a new para-
graph (c) is added to read as follows:
(a) No shareholder of a professional service corporation [or], INCLUD-
ING a design professional service corporation, may sell or transfer his
OR HER shares in such corporation except to another individual who is
eligible to have shares issued to him OR HER by such corporation or
except in trust to another individual who would be eligible to receive
shares if he OR SHE were employed by the corporation. Nothing herein
contained shall be construed to prohibit the transfer of shares by oper-
ation of law or by court decree. No transferee of shares by operation
of law or court decree may vote the shares for any purpose whatsoever
except with respect to corporate action under sections 909 and 1001 of
this chapter. The restriction in the preceding sentence shall not apply,
however, where such transferee would be eligible to have shares issued
to him OR HER if he OR SHE were an employee of the corporation and, if
there are other shareholders, a majority of such other shareholders
shall fail to redeem the shares so transferred, pursuant to section 1510
of this article, within sixty days of receiving written notice of such
transfer. Any sale or transfer, except by operation of law or court
S. 4006 32 A. 3006
decree or except for a corporation having only one shareholder, may be
made only after the same shall have been approved by the board of direc-
tors, or at a shareholders' meeting specially called for such purpose by
such proportion, not less than a majority, of the outstanding shares as
may be provided in the certificate of incorporation or in the by-laws of
such professional service corporation. At such shareholders' meeting the
shares held by the shareholder proposing to sell or transfer his OR HER
shares may not be voted or counted for any purpose, unless all share-
holders consent that such shares be voted or counted. The certificate of
incorporation or the by-laws of the professional service corporation, or
the professional service corporation and the shareholders by private
agreement, may provide, in lieu of or in addition to the foregoing
provisions, for the alienation of shares and may require the redemption
or purchase of such shares by such corporation at prices and in a manner
specifically set forth therein. The existence of the restrictions on the
sale or transfer of shares, as contained in this article and, if appli-
cable, in the certificate of incorporation, by-laws, stock purchase or
stock redemption agreement, shall be noted conspicuously on the face or
back of every certificate for shares issued by a professional service
corporation. Any sale or transfer in violation of such restrictions
shall be void.
(C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
1503 OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LI-
CENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF
EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTAB-
LISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL
SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION 1503 OF THIS
ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A
TERMINATED NON-LICENSED PROFESSIONAL SHARE-HOLDER IF SUCH SHARES, WITHIN
THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER
EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE.
§ 6. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
1503 OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE
THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO
THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF
EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY
AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR
PERIOD THAT:
(I) AT LEAST A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS, AND
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC
ACCOUNTANTS.
THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY
ASSISTANT SECRETARY OF THE CORPORATION.
§ 7. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
S. 4006 33 A. 3006
(d) "Foreign professional service corporation" means a professional
service corporation, whether or not denominated as such, organized under
the laws of a jurisdiction other than this state, all of the sharehold-
ers, directors and officers of which are authorized and licensed to
practice the profession for which such corporation is licensed to do
business; except that all shareholders, directors and officers of a
foreign professional service corporation which provides health services
in this state shall be licensed in this state. A FOREIGN PROFESSIONAL
SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC
ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149 OF
THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW
(I) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
FINANCIAL INTERESTS AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS
TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE,
AND (II) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPO-
RATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE
ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A
VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW. FOR
PURPOSES OF THIS PARAGRAPH, "FINANCIAL INTEREST" MEANS CAPITAL STOCK,
CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST
IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGIS-
TERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A
REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE
STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH
NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL
BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN
EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTIC-
IPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES.
FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
§ 8. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES AS A FIRM, WHOSE PRINCIPAL PLACE OF
BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered
limited liability partnership formed to provide professional engineer-
ing, land surveying, geological services, architectural and/or landscape
architectural services in this state must be licensed pursuant to arti-
cle 145, article 147 and/or article 148 of the education law to practice
S. 4006 34 A. 3006
one or more of such professions in this state. Each partner of a regis-
tered limited liability partnership formed to provide licensed clinical
social work services in this state must be licensed pursuant to article
154 of the education law to practice clinical social work in this state.
Each partner of a registered limited liability partnership formed to
provide creative arts therapy services in this state must be licensed
pursuant to article 163 of the education law to practice creative arts
therapy in this state. Each partner of a registered limited liability
partnership formed to provide marriage and family therapy services in
this state must be licensed pursuant to article 163 of the education law
to practice marriage and family therapy in this state. Each partner of a
registered limited liability partnership formed to provide mental health
counseling services in this state must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant to article 163 of the education law to practice psychoanalysis in
this state. Each partner of a registered limited liability partnership
formed to provide applied behavior analysis service in this state must
be licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. A REGISTERED LIMITED
LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE
149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (I) THAT A SIMPLE
MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS
AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS
LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II) THAT ALL
PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. ALTHOUGH FIRMS REGISTERED WITH THE EDUCATION DEPARTMENT MAY
INCLUDE NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST
COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITH-
STANDING THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT
MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS
FORMED UNDER THIS SECTION SHALL BE (I) A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
(II) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES-
SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
§ 9. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
S. 4006 35 A. 3006
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions. EACH PARTNER OF A FOREIGN
LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY
SERVICES AS A FIRM, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN
THIS STATE. Each partner of a foreign limited liability partnership
which provides licensed clinical social work services in this state must
be licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. Each partner of a foreign
limited liability partnership which provides creative arts therapy
services in this state must be licensed pursuant to article 163 of the
education law to practice creative arts therapy in this state. Each
partner of a foreign limited liability partnership which provides
marriage and family therapy services in this state must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education law to
practice mental health counseling in this state. Each partner of a
foreign limited liability partnership which provides psychoanalysis
services in this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied behavior
analysis services in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior analy-
sis in this state. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH
PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED TO SHOW (I) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (II) THAT ALL PARTNERS OF THE FOREIGN
LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA-
TION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS
CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTER-
EST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY.
ALTHOUGH FIRMS REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE
NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH
RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE
FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE
NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED
PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVI-
ATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS
FORMED UNDER THIS SECTION SHALL BE (I) A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
S. 4006 36 A. 3006
(II) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES-
SIONAL CORPORATION, PROVIDED THAT EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
§ 10. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
services as such services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited liability
company must be licensed pursuant to article 145, article 147 and/or
article 148 of the education law to practice one or more of such
professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMIT-
ED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS
SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to provide licensed clinical social
work services as such services are defined in article 154 of the educa-
tion law, each member of such limited liability company shall be
licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family therapy
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. With respect to a professional service
limited liability company formed to provide mental health counseling
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice mental health
S. 4006 37 A. 3006
counseling in this state. With respect to a professional service limited
liability company formed to provide psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state. With
respect to a professional service limited liability company formed to
provide applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state. A
PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE
IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS
DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
(I) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (II) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION
LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPI-
TAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR
INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS
REGISTERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE
OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMUL-
GATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A
FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE
OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT-
ANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR
"CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS
SECTION SHALL BE (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) AN ENTITY,
INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO-
RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH
ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS
SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS
OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR
MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
§ 11. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
professional service limited liability company or a predecessor entity,
S. 4006 38 A. 3006
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state. With respect to a
foreign professional service limited liability company which provides
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape architectural services as such services are defined in article
145, article 147 and article 148 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member of such foreign professional service
limited liability company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this state. With
respect to a foreign professional service limited liability company
which provides creative arts therapy services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect to a foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. With respect to a
foreign professional service limited liability company which provides
mental health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such foreign professional
S. 4006 39 A. 3006
service limited liability company must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. With respect to a foreign professional service limited liability
company which provides psychoanalysis services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited liability
company which provides applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such foreign professional service limited liability company must be
licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC-
TICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER
ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) THAT A
SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDI-
VIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II)
THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED
LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW. FOR
PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK,
CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST
IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGIS-
TERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A
REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE
STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGIS-
TERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS IF
THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR
"CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS".
EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION
SHALL BE (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (II) AN ENTITY, INCLUDING,
BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED
EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM
OR AN AFFILIATED ENTITY.
§ 12. Notwithstanding any other provision of law to the contrary, if a
firm which is registered with the education department to lawfully
engage in the practice of public accountancy has one or more non-licen-
see owners, each such non-licensee owner of the firm whose principal
place of business is in New York state shall pay a fee of nine hundred
dollars to the department of education on a triennial basis.
§ 13. This act shall take effect immediately.
PART F
Section 1. Short title. This article shall be known and cited as the
"new homes targets and fast-track approval act".
S. 4006 40 A. 3006
§ 2. Article 20 of the general municipal law is renumbered to be arti-
cle 21, sections 1000 and 1001 are renumbered to be sections 1020 and
1021, and a new article 20 is added to read as follows:
ARTICLE 20
NEW HOMES TARGETS AND FAST TRACK APPROVAL
SECTION 1000. LEGISLATIVE FINDINGS AND DECLARATIONS.
1001. DEFINITIONS.
1002. APPLICABILITY.
1003. SAFE HARBOR.
1004. LOCAL PROCEDURES OUTSIDE OF SAFE HARBOR/GENERAL APPEAL
PROCESS.
1005. HOUSING REVIEW BOARD.
1006. LAND USE APPEALS BEFORE THE SUPREME COURT.
§ 1000. LEGISLATIVE FINDINGS AND DECLARATIONS. THE LEGISLATURE HEREBY
FINDS, DETERMINES, AND DECLARES THAT:
1. THE LACK OF HOUSING, ESPECIALLY AFFORDABLE AND SUPPORTIVE HOUSING,
IS A CRITICAL PROBLEM THAT THREATENS THE ECONOMIC, ENVIRONMENTAL, AND
SOCIAL QUALITY OF LIFE THROUGHOUT NEW YORK STATE AND DISPROPORTIONATELY
BURDENS VARIOUS VULNERABLE POPULATIONS THAT DISPROPORTIONATELY NEED MORE
AFFORDABLE HOUSING OPTIONS INCLUDING, BUT NOT LIMITED TO, LOW- AND
MODERATE-INCOME, RACIAL AND ETHNIC MINORITY, AND ELDERLY HOUSEHOLDS.
2. HOUSING IN THE STATE OF NEW YORK IS AMONG THE MOST EXPENSIVE IN THE
NATION. THE EXCESSIVE COST OF THE STATE'S HOUSING SUPPLY IS PARTIALLY
CAUSED BY A LACK OF NEW HOUSING PRODUCTION DUE TO THE PREVALENCE OF
LOCAL GOVERNMENTAL LAND USE POLICIES THAT LIMIT THE OPPORTUNITIES FOR
AND PLACE PROCEDURAL IMPEDIMENTS ON THE APPROVAL OF HOUSING DEVELOPMENTS
AND THEREBY INCREASE DEVELOPMENT COSTS AND RESTRICT THE HOUSING SUPPLY.
3. LOCAL GOVERNMENTAL LIMITATIONS ON AND BARRIERS TO HOUSING DEVELOP-
MENT ARE ESPECIALLY COMMON FOR MULTI-FAMILY HOUSING DEVELOPMENT, WHICH
CONSTRAINS THE SUPPLY OF AFFORDABLE AND SUPPORTIVE HOUSING THAT OFTEN
REQUIRE MULTI-FAMILY DEVELOPMENT TO BE ECONOMICALLY FEASIBLE.
4. AMONG THE CONSEQUENCES OF THE PREVALENCE OF LOCAL RESTRICTIONS ON
HOUSING DEVELOPMENT ARE THE LACK OF HOUSING TO SUPPORT EMPLOYMENT
GROWTH; IMBALANCE IN NUMBER OF JOBS AND HOUSING SUPPLY, WITH THE FORMER
OUTSTRIPPING THE LATTER; SPRAWL; EXCESSIVE COMMUTING; AND THE POTENTIAL
FOR DISCRIMINATION AGAINST LOW-INCOME AND MINORITY HOUSEHOLDS WHO
DISPROPORTIONATELY REQUIRE AFFORDABLE HOUSING OPPORTUNITIES.
5. MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION TO THE LOCAL
AND BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL COSTS OF LOCAL
POLICIES AND ACTIONS THAT HAVE THE EFFECT OF STAGNATING OR REDUCING THE
SUPPLY OF HOUSING, INCLUDING AFFORDABLE AND SUPPORTIVE HOUSING, OR HOW
SUCH POLICIES AND ACTIONS THEREBY PRODUCE THREATS TO THE PUBLIC HEALTH,
SAFETY, AND GENERAL WELFARE.
6. ADDITIONALLY, MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION
TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL
COSTS OF LOCAL POLICIES AND ACTIONS THAT RESULT IN DISAPPROVALS OR INHI-
BITION OF PROPOSALS FOR HOUSING DEVELOPMENT PROJECTS THAT WOULD BENEFIT
THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE; A REDUCTION IN DENSITY
OF SUCH HOUSING PROJECTS; AND CREATION OF EXCESSIVE LAND USE AND OTHER
BARRIERS FOR SUCH HOUSING DEVELOPMENTS TO BE BUILT.
7. LEGISLATION IS NECESSARY TO FORESTALL RESTRICTIVE LAND USE PRAC-
TICES THAT INHIBIT AND LIMIT HOUSING DEVELOPMENT, AND TO FORESTALL UNDUE
LOCAL DISAPPROVALS OF HOUSING DEVELOPMENT PROJECTS, ESPECIALLY AFFORDA-
S. 4006 41 A. 3006
BLE AND SUPPORTIVE HOUSING, GIVEN THAT SUCH PRACTICES AND DISAPPROVALS
PRODUCE THREATS TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
8. THE STATE OF NEW YORK MUST ENSURE THAT LOCAL GOVERNMENTS GIVE
ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC, ENVIRON-
MENTAL, AND SOCIAL COSTS OF LAND USE ZONING AND PLANNING POLICIES AND
ACTIONS, AS WELL AS THE DENIAL OF APPLICATIONS TO BUILD NEW HOUSING,
WHICH COLLECTIVELY AND INDIVIDUALLY MAY RESULT IN A DEARTH OF APPROPRI-
ATE HOUSING TO MEET THE NEEDS OF ALL RESIDENTS IN THE COMMUNITY OR
REGION.
9. IN FURTHERANCE OF OVERALL HOUSING PRODUCTION GOALS AND TO PROMOTE
THE GREATEST EFFICIENCY AND COORDINATED DEVELOPMENT EFFORTS OF LOCALI-
TIES WITHIN THE STATE, IT IS BOTH A MATTER OF STATE CONCERN AND THE
POLICY OF THE STATE THAT LOCAL GOVERNMENTS ADDRESS THEIR LAND USE POLI-
CIES, PRACTICES, AND DECISIONS THAT MAKE HOUSING DEVELOPMENTS, AND ESPE-
CIALLY MULTI-FAMILY, AFFORDABLE, AND SUPPORTIVE HOUSING DEVELOPMENTS,
IMPOSSIBLE OR INFEASIBLE.
10. TO FURTHER ADDRESS THE SHORTAGE OF AFFORDABLE AND SUPPORTIVE HOUS-
ING IN NEW YORK AND ENCOURAGE REDUCTION OF LAND USE RESTRICTIONS AND THE
PRODUCTION OF MUCH NEEDED HOUSING, THIS ARTICLE CREATES AN IMPARTIAL
FORUM AND A PROCESS FOR SPECIALLY DESIGNATING JUDGES TO RESOLVE
CONFLICTS ARISING FROM LOCAL DECISIONS ON THE DEVELOPMENT OF AFFORDABLE
AND SUPPORTIVE HOUSING.
11. IN ORDER TO PREVENT HOUSING INSECURITY, HARDSHIP, AND DISLOCATION,
THE PROVISIONS OF THIS ACT ARE NECESSARY AND DESIGNED TO PROTECT THE
PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE RESIDENTS OF NEW YORK
STATE.
§ 1001. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY FOR THE PURPOSES
OF THIS ARTICLE:
1. "ACCESSORY DWELLING UNIT" SHALL MEAN AN ATTACHED OR A DETACHED
RESIDENTIAL DWELLING UNIT THAT PROVIDES HOUSING FOR ONE OR MORE PERSONS
WHICH IS LOCATED ON A LOT WITH A PROPOSED OR EXISTING PRIMARY RESIDEN-
TIAL DWELLING UNIT AND SHALL INCLUDE PERMANENT PROVISIONS FOR LIVING,
SLEEPING, EATING, COOKING, AND SANITATION ON THE SAME LOT AS THE PRIMARY
SINGLE-FAMILY OR MULTI-FAMILY DWELLING.
2. "AFFORDABLE HOUSING" SHALL MEAN ANY INCOME RESTRICTED HOUSING,
WHETHER INTENDED FOR RENTAL OR HOMEOWNERSHIP, THAT IS SUBJECT TO A REGU-
LATORY AGREEMENT WITH A LOCAL, STATE OR FEDERAL GOVERNMENTAL ENTITY.
3. "APPLICATION" SHALL MEAN AN APPLICATION FOR A BUILDING PERMIT,
VARIANCE, WAIVER, CONDITIONAL USE PERMIT, SPECIAL PERMIT, ZONING TEXT
AMENDMENT, ZONING MAP AMENDMENT, AMENDMENT TO ZONING DISTRICTS, CERTIF-
ICATION, AUTHORIZATION, SITE PLAN APPROVAL, SUBDIVISION APPROVAL, OR
OTHER DISCRETIONARY LAND USE DETERMINATION BY A LEAD AGENCY EQUIVALENT.
4. "DIVISION" SHALL MEAN THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL.
5. "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY
ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES
IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDEN-
TIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING
OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE RENT
LEVELS, RESIDENTIAL DWELLING UNIT SIZES, OR RESIDENTIAL DWELLING UNIT
COUNTS PROPOSED BY THE OWNER.
6. "HOUSING REVIEW BOARD" SHALL MEAN THE HOUSING REVIEW BOARD ESTAB-
LISHED PURSUANT TO THIS ARTICLE.
7. "LAND USE ACTION" SHALL MEAN ANY ENACTMENT OF OR AMENDMENT TO A
PROVISION OF A ZONING LOCAL LAW, ORDINANCE, RESOLUTION, POLICY, PROGRAM,
S. 4006 42 A. 3006
PROCEDURE, COMPREHENSIVE PLAN, SITE PLAN, SUBDIVISION PLAN, CRITERIA,
RULE, REGULATION, OR REQUIREMENT OF A LOCAL AGENCY.
8. "LAND USE REQUIREMENTS" SHALL MEAN ANY AND ALL LOCAL LAWS, ORDI-
NANCES, RESOLUTIONS, OR REGULATIONS, THAT SHALL BE ADOPTED OR ENACTED
UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL
OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMIT-
ED TO A LOCALITY'S:
A. WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
B. ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
C. SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT
ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
D. SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
E. SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGU-
LATIONS; AND
F. POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER REGULATO-
RY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY
OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF
LAND, OR THE INTENSITY OF SUCH DEVELOPMENT.
9. "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY LEGISLATIVE BODY
OF A LOCALITY, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVI-
SION, PLANNING COMMISSION, BOARD OF STANDARDS AND APPEALS, BOARD OF
ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE, OR ANY OTHER AGENCY,
DEPARTMENT, BOARD OR OTHER ENTITY RELATED TO A LOCALITY WITH THE AUTHOR-
ITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY
LAND USE REQUIREMENTS AS DEFINED IN THIS ARTICLE.
10. "LOCALITY" SHALL REFER TO ALL CITIES, TOWNS, OR VILLAGES THAT
REGULATE LAND USE PURSUANT TO THE GENERAL CITY LAW, THE TOWN LAW, THE
VILLAGE LAW, OR OTHER STATE LAW, AS APPLICABLE. PROVIDED FURTHER THAT IN
A CITY WITH A POPULATION OF ONE MILLION OR MORE, "LOCALITY" SHALL REFER
TO A COMMUNITY BOARD DISTRICT AS DEFINED BY CHAPTER SIXTY-NINE OF THE
CHARTER OF THE CITY OF NEW YORK. PROVIDED FURTHER THAT "LOCALITY" SHALL
REFER TO ANY CITY, TOWN, OR VILLAGE WITHIN A COUNTY, WHERE SUCH COUNTY
REGULATES OR OTHERWISE HAS APPROVAL AUTHORITY OVER LAND USE REQUIRE-
MENTS.
11. "METROPOLITAN TRANSPORTATION COMMUTER DISTRICT" SHALL REFER TO THE
COUNTIES OF THE BRONX, KINGS (BROOKLYN), NEW YORK, RICHMOND (STATEN
ISLAND), QUEENS, WESTCHESTER, ORANGE, PUTNAM, DUTCHESS, ROCKLAND,
NASSAU, AND SUFFOLK.
12. "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE
NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND
ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND
UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
A RESIDENTIAL LAND USE APPLICATION.
13. "PREVIOUSLY DISTURBED LAND" SHALL MEAN A PARCEL OR LOT OF LAND
THAT WAS OCCUPIED OR FORMERLY OCCUPIED BY A BUILDING OR OTHERWISE
IMPROVED OR UTILIZED THAT IS NOT LOCATED IN A 100-YEAR FLOODPLAIN OR WAS
NOT BEING USED FOR COMMERCIAL AGRICULTURAL PURPOSES AS OF THE EFFECTIVE
DATE OF THIS ARTICLE.
14. "QUALIFYING PROJECT" SHALL REFER TO AN APPLICATION THAT IS FOR AT
LEAST TEN DWELLING UNITS IN LOCALITIES NOT LOCATED IN THE METROPOLITAN
TRANSPORTATION COMMUTER DISTRICT OR AT LEAST TWENTY DWELLING UNITS IN
LOCALITIES LOCATED IN THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT
AND AT LEAST TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING
UNITS RESTRICTED TO HOUSEHOLDS AT OR BELOW FIFTY PERCENT OF THE AREA
MEDIAN INCOME OR SUPPORTIVE DWELLING UNITS, OR AT LEAST TWENTY-FIVE
S. 4006 43 A. 3006
PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS RESTRICTED TO
HOUSEHOLDS AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME OR
SUPPORTIVE DWELLING UNITS.
15. "RESIDENTIAL DWELLING UNIT" SHALL MEAN ANY BUILDING OR STRUCTURE
OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE
HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER
THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS DEFINED IN
SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO
BE USED ON A SEASONAL BASIS.
16. "SAFE HARBOR" SHALL MEAN THAT A LOCALITY'S DENIALS OF APPLICATIONS
ARE NOT SUBJECT TO APPEAL PURSUANT TO SECTION ONE THOUSAND FOUR, ONE
THOUSAND FIVE OR ONE THOUSAND SIX OF THIS ARTICLE FOR A THREE-YEAR CYCLE
AS SET FORTH IN SECTION ONE THOUSAND THREE OF THIS ARTICLE.
17. "SUPPORTIVE HOUSING" SHALL MEAN RESIDENTIAL DWELLING UNITS WITH
SUPPORTIVE SERVICES FOR TENANTS.
18. "THREE-YEAR CYCLE" SHALL MEAN A TERM OF THREE CALENDAR YEARS WITH
THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR,
AND EACH CYCLE COMMENCING THREE CALENDAR YEARS THEREAFTER.
§ 1002. APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL LOCALITIES AS
DEFINED IN SUBDIVISION TEN OF SECTION ONE THOUSAND ONE OF THIS ARTICLE.
§ 1003. SAFE HARBOR. 1. DETERMINATIONS. A. THE DIVISION, USING THE
INFORMATION SUBMITTED PURSUANT TO THIS SECTION, MAY MAKE AND PUBLISH A
DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR AS A RESULT OF
SUCH LOCALITY ACHIEVING ITS GROWTH TARGETS, AS DEFINED IN SUBDIVISION
THREE OF THIS SECTION. SUCH DETERMINATION MAY ONLY BE REVIEWED BY A
COURT OR THE HOUSING REVIEW BOARD AS PART OF AN APPEAL OF A DENIAL OF A
SPECIFIC QUALIFYING PROJECT.
B. SAFE HARBOR, AS DEFINED IN SECTION ONE THOUSAND ONE OF THIS ARTI-
CLE, SHALL BE GRANTED TO LOCALITIES BASED UPON A THREE-YEAR CYCLE WITH
THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR,
PROVIDED FURTHER THAT ALL LOCALITIES SHALL BE DEEMED IN SAFE HARBOR FOR
THE DURATION OF THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND
TWENTY-FOUR AND TERMINATING AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-SIX.
(I) A LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR IF SUCH LOCALITY
SATISFACTORILY ENACTS AT LEAST TWO PREFERRED ACTIONS, AS SET FORTH IN
SUBDIVISION FOUR OF THIS SECTION. EXCEPT AS OTHERWISE SET FORTH IN THIS
ARTICLE, ANY DETERMINATION ISSUED BY THE DIVISION THAT A LOCALITY IS IN
SAFE HARBOR BASED ON THE ENACTMENT OF PREFERRED ACTIONS, AS SET FORTH IN
SUBDIVISION FOUR OF THIS SECTION, SHALL BE IN EFFECT FROM THE EFFECTIVE
DATE OF SUCH DETERMINATION THROUGH THE END OF THE THREE-YEAR CYCLE THAT
IS CURRENT ON THE DATE ON WHICH SUCH DETERMINATION IS ISSUED, PROVIDED
FURTHER, HOWEVER, THAT ANY DETERMINATION AS TO WHETHER SAFE HARBOR
SHOULD APPLY BASED ON THE LOCALITY'S ENACTMENT OF SUCH PREFERRED ACTIONS
SHALL BE BASED ON SUCH PREFERRED ACTIONS ENACTED DURING THE THREE-YEAR
CYCLE IMMEDIATELY PRECEDING THE THREE-YEAR CYCLE IN WHICH THE DETERMI-
NATION WAS ISSUED. IN THE EVENT THAT A LOCALITY RESCINDS ANY SUCH
PREFERRED ACTION THAT CONTRIBUTED TO A LOCALITY BEING DETERMINED TO BE
IN SAFE HARBOR WITHIN TEN YEARS OF SUCH PREFERRED ACTION'S ENACTMENT,
SUCH LOCALITY SHALL BE INELIGIBLE FOR SAFE HARBOR FOR TEN YEARS, START-
ING ON THE DATE SUCH LOCALITY WAS INITIALLY DEEMED TO BE IN SAFE HARBOR
AS A RESULT OF SUCH RESCINDED PREFERRED ACTION.
(II) A LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR IF SUCH LOCALITY
MET OR EXCEEDED THEIR GROWTH TARGETS AS SET FORTH IN SUBDIVISION THREE
OF THIS SECTION. EXCEPT AS OTHERWISE SET FORTH IN THIS ARTICLE, ANY
DETERMINATION ISSUED BY THE DIVISION THAT A LOCALITY IS IN SAFE HARBOR
S. 4006 44 A. 3006
BASED ON THE LOCALITY MEETING OR EXCEEDING THEIR GROWTH TARGETS SET
FORTH IN SUBDIVISION THREE OF THIS SECTION SHALL BE IN EFFECT FROM THE
EFFECTIVE DATE OF SUCH DETERMINATION THROUGH THE END OF THE THREE-YEAR
CYCLE THAT WAS CURRENT AT THE TIME SUCH DETERMINATION WAS ISSUED BY THE
DIVISION; PROVIDED FURTHER, HOWEVER, THAT ANY DETERMINATION AS TO WHETH-
ER SAFE HARBOR SHOULD APPLY SHALL BE BASED ON THE LOCALITY MEETING OR
EXCEEDING THEIR GROWTH TARGETS IN THE THREE-YEAR CYCLE IMMEDIATELY
PRECEDING THE THREE-YEAR CYCLE IN WHICH THE DETERMINATION WAS ISSUED.
(III) A LOCALITY SHALL BE DETERMINED TO BE IN SAFE HARBOR FOR THE
THREE-YEAR CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN,
AND ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-NINE, IF, FROM
A PERIOD BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND ENDING
ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, SUCH LOCALITY MET
OR EXCEEDED THEIR GROWTH TARGETS AS SET FORTH IN SUBDIVISION THREE OF
THIS SECTION.
2. LOCAL REPORTING REQUIREMENTS. EACH LOCALITY SUBJECT TO THIS ARTICLE
SHALL SUBMIT HOUSING PRODUCTION INFORMATION TO THE DIVISION. SUCH INFOR-
MATION SHALL BE SUBMITTED PURSUANT TO THE DEADLINES SET FORTH BY SECTION
TWENTY-A OF THE PUBLIC HOUSING LAW AND SHALL CONTAIN THE INFORMATION
PRESCRIBED IN SUCH SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION, ANY FAILURE OF A LOCALITY TO PROVIDE SUCH INFORMATION PURSUANT
TO THIS SUBDIVISION TO THE DIVISION SHALL RESULT IN THE LOCALITY BEING
DEEMED INELIGIBLE FOR SAFE HARBOR UNTIL SUCH TIME AS THE INFORMATION IS
PROPERLY SUBMITTED.
3. GROWTH TARGETS. A. A LOCALITY MAY BE DETERMINED TO BE IN SAFE
HARBOR FOR A THREE-YEAR CYCLE, IF, IN THE PREVIOUS THREE-YEAR CYCLE, A
LOCALITY LOCATED OUTSIDE OF THE METROPOLITAN TRANSPORTATION COMMUTER
DISTRICT PERMITTED THE CONSTRUCTION OF NEW ELIGIBLE RESIDENTIAL DWELLING
UNITS IN AN AMOUNT EQUAL TO ONE PERCENT OF THE AMOUNT OF RESIDENTIAL
HOUSING UNITS EXISTING IN THE LOCALITY AS REPORTED IN THE MOST RECENTLY
PUBLISHED UNITED STATES DECENNIAL CENSUS.
B. A LOCALITY MAY BE DETERMINED TO BE IN SAFE HARBOR FOR A THREE-YEAR
CYCLE, IF, IN THE PREVIOUS THREE-YEAR CYCLE, A LOCALITY LOCATED INSIDE
OF THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT PERMITTED THE
CONSTRUCTION OF NEW ELIGIBLE RESIDENTIAL DWELLING UNITS IN AN AMOUNT
EQUAL TO THREE PERCENT OF THE AMOUNT OF RESIDENTIAL HOUSING UNITS EXIST-
ING IN THE LOCALITY AS REPORTED IN THE MOST RECENTLY PUBLISHED UNITED
STATES DECENNIAL CENSUS.
C. SUBJECT TO PARAGRAPH D OF THIS SUBDIVISION, THE NUMBER OF ELIGIBLE
RESIDENTIAL DWELLING UNITS SHALL BE CALCULATED USING THE FOLLOWING
FORMULA:
(I) A PERMITTED NEW RESIDENTIAL DWELLING UNIT SHALL BE COUNTED AS ONE
ELIGIBLE RESIDENTIAL DWELLING UNIT, PROVIDED THAT A PERMITTED NEW RESI-
DENTIAL DWELLING UNIT THAT IS INCOME RESTRICTED TO HOUSEHOLDS EARNING NO
MORE THAN AN AMOUNT THAT IS DETERMINED PURSUANT TO A REGULATORY AGREE-
MENT WITH A FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY SHALL BE COUNT-
ED AS TWO ELIGIBLE RESIDENTIAL DWELLING UNITS; AND
(II) EVERY PERMITTED RESIDENTIAL DWELLING UNIT THAT BECAME SUITABLE
FOR OCCUPANCY AND THAT PREVIOUSLY HAD BEEN DEEMED ABANDONED PURSUANT TO
ARTICLE NINETEEN-A OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
SHALL BE COUNTED AS ONE AND ONE-HALF ELIGIBLE RESIDENTIAL DWELLING
UNITS.
FOR THE PURPOSES OF THIS SUBDIVISION, A PROJECT SHALL BE CONSIDERED TO
BE PERMITTED IF IT HAS RECEIVED ALL NECESSARY LOCAL AUTHORIZATIONS
REQUIRED PRIOR TO REQUESTING A BUILDING PERMIT.
S. 4006 45 A. 3006
D. THE FOLLOWING PERMITTED RESIDENTIAL DWELLING UNITS SHALL NOT BE
COUNTED AS ELIGIBLE RESIDENTIAL DWELLING UNITS:
(I) ANY PERMITTED RESIDENTIAL DWELLING UNIT WHERE MORE THAN TWELVE
MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION AND THE
COMMENCEMENT OF CONSTRUCTION; AND
(II) ANY PERMITTED RESIDENTIAL DWELLING UNIT WHERE MORE THAN TWENTY-
FOUR MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION
AND THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE
OF OCCUPANCY.
E. IN THE EVENT A PERMITTED RESIDENTIAL DWELLING UNIT IS NOT COUNTED
AS AN ELIGIBLE RESIDENTIAL UNIT PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
SION, SUCH RESIDENTIAL DWELLING UNIT MAY BE COUNTED AS AN ELIGIBLE RESI-
DENTIAL DWELLING UNIT WHEN THE CERTIFICATE OF OCCUPANCY OR TEMPORARY
CERTIFICATE OF OCCUPANCY IS ISSUED FOR SUCH RESIDENTIAL DWELLING UNIT.
PROVIDED, FURTHER, THAT IN NO EVENT SHALL AN ELIGIBLE RESIDENTIAL DWELL-
ING UNIT BE COUNTED TOWARDS A LOCALITY'S GROWTH TARGET IN MORE THAN ONE
THREE-YEAR CYCLE.
4. PREFERRED ACTIONS. A. ACCESSORY DWELLING UNITS. IT SHALL BE CONSID-
ERED TO BE A PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY
ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. FOR ANY LOCALITY
WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE
CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL
LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY
LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO
APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE
WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL
BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW
THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALI-
TY.
(I) DEFINITIONS. FOR THE PURPOSES OF THIS PARAGRAPH:
A. "LOCAL GOVERNMENT" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE.
B. "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL IMPROVEMENT
ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS.
C. "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF A
PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING.
(II) A LOCAL GOVERNMENT SHALL, BY LOCAL LAW, PROVIDE FOR THE CREATION
OF ACCESSORY DWELLING UNITS. SUCH LOCAL LAW SHALL:
A. DESIGNATE AREAS WITHIN THE JURISDICTION OF THE LOCAL GOVERNMENT
WHERE ACCESSORY DWELLING UNITS SHALL BE PERMITTED. DESIGNATED AREAS
SHALL INCLUDE ALL AREAS THAT PERMIT SINGLE-FAMILY OR MULTI-FAMILY RESI-
DENTIAL USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE;
B. AUTHORIZE THE CREATION OF AT LEAST ONE ACCESSORY DWELLING UNIT PER
LOT;
C. PROVIDE REASONABLE STANDARDS FOR ACCESSORY DWELLING UNITS THAT MAY
INCLUDE, BUT ARE NOT LIMITED TO, HEIGHT, LANDSCAPE, ARCHITECTURAL REVIEW
AND MAXIMUM SIZE OF A UNIT. IN NO CASE SHALL SUCH STANDARDS UNREASONABLY
RESTRICT THE CREATION OF ACCESSORY DWELLING UNITS; AND
D. REQUIRE ACCESSORY DWELLING UNITS TO COMPLY WITH THE FOLLOWING:
(1) SUCH ACCESSORY DWELLING UNIT MAY BE RENTED SEPARATE FROM THE
PRIMARY RESIDENTIAL DWELLING UNIT, BUT SHALL NOT BE SOLD OR OTHERWISE
CONVEYED SEPARATE FROM THE PRIMARY RESIDENTIAL DWELLING UNIT;
(2) SUCH ACCESSORY DWELLING UNIT SHALL BE LOCATED ON A LOT THAT
INCLUDES A PROPOSED DWELLING OR EXISTING RESIDENTIAL DWELLING UNIT;
(3) SUCH ACCESSORY DWELLING UNIT SHALL NOT BE RENTED FOR A TERM OF
LESS THAN THIRTY DAYS; AND
S. 4006 46 A. 3006
(4) IF THERE IS AN EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, THE
TOTAL FLOOR AREA OF AN ACCESSORY DWELLING UNIT SHALL NOT EXCEED FIFTY
PERCENT OF THE EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, UNLESS SUCH
LIMIT WOULD PREVENT THE CREATION OF AN ACCESSORY DWELLING UNIT THAT IS
NO GREATER THAN SIX HUNDRED SQUARE FEET.
(III) A LOCAL GOVERNMENT SHALL NOT ESTABLISH BY LOCAL LAW ANY OF THE
FOLLOWING:
A. IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE, A
MINIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT GREAT-
ER THAN TWO HUNDRED SQUARE FEET, OR IN A LOCAL GOVERNMENT HAVING A POPU-
LATION OF LESS THAN ONE MILLION, A MINIMUM SQUARE FOOTAGE REQUIREMENT
FOR AN ACCESSORY DWELLING UNIT THAT IS GREATER THAN FIVE HUNDRED FIFTY
SQUARE FEET;
B. A MAXIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT
THAT IS LESS THAN FIFTEEN HUNDRED SQUARE FEET;
C. ANY OTHER MINIMUM OR MAXIMUM SIZE FOR OR OTHER LIMITS ON AN ACCES-
SORY DWELLING UNIT THAT DOES NOT PERMIT AT LEAST AN EIGHT HUNDRED SQUARE
FOOT ACCESSORY DWELLING UNIT WITH FOUR-FOOT SIDE AND REAR YARD SETBACKS
TO BE CONSTRUCTED IN COMPLIANCE WITH OTHER LOCAL STANDARDS, INCLUDING
ANY SUCH MINIMUM OR MAXIMUM SIZE BASED UPON A PERCENTAGE OF THE PROPOSED
DWELLING OR EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, OR ANY SUCH
OTHER LIMITS ON LOT COVERAGE, FLOOR AREA RATIO, OPEN SPACE, AND MINIMUM
LOT SIZE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A LOCAL
GOVERNMENT MAY PROVIDE, WHERE A LOT CONTAINS AN EXISTING RESIDENTIAL
DWELLING UNIT, THAT AN ACCESSORY DWELLING UNIT LOCATED WITHIN AND/OR
ATTACHED TO THE PRIMARY RESIDENTIAL DWELLING UNIT SHALL NOT EXCEED THE
BUILDABLE ENVELOPE FOR THE EXISTING RESIDENTIAL DWELLING UNIT, AND THAT
AN ACCESSORY DWELLING UNIT THAT IS DETACHED FROM AN EXISTING RESIDENTIAL
DWELLING UNIT SHALL BE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME
DIMENSIONS AS AN EXISTING STRUCTURE, IF SUCH STRUCTURE EXISTS;
D. A CEILING HEIGHT REQUIREMENT GREATER THAN SEVEN FEET, UNLESS THE
LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH A REQUIREMENT IS NECESSARY
FOR THE PRESERVATION OF HEALTH AND SAFETY;
E. ANY REQUIREMENT THAT A PATHWAY EXIST OR BE CONSTRUCTED IN CONJUNC-
TION WITH THE CREATION OF AN ACCESSORY DWELLING UNIT, UNLESS THE LOCAL
GOVERNMENT CAN DEMONSTRATE THAT SUCH REQUIREMENT IS NECESSARY FOR THE
PRESERVATION OF HEALTH AND SAFETY;
F. ANY SETBACK FOR AN EXISTING RESIDENTIAL DWELLING UNIT OR ACCESSORY
STRUCTURE OR A STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE
SAME DIMENSIONS AS AN EXISTING STRUCTURE THAT IS CONVERTED TO AN ACCES-
SORY DWELLING UNIT OR TO A PORTION OF AN ACCESSORY DWELLING UNIT, OR ANY
SETBACK OF MORE THAN FOUR FEET FROM THE SIDE AND REAR LOT LINES FOR AN
ACCESSORY DWELLING UNIT THAT IS NOT CONVERTED FROM AN EXISTING STRUCTURE
OR A NEW STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME
DIMENSIONS AS AN EXISTING STRUCTURE; OR
G. ANY HEALTH OR SAFETY REQUIREMENTS ON ACCESSORY DWELLING UNITS THAT
ARE NOT NECESSARY TO PROTECT HEALTH AND SAFETY. NOTHING IN THIS
PROVISION SHALL BE CONSTRUED TO PREVENT A LOCAL GOVERNMENT FROM REQUIR-
ING THAT ACCESSORY DWELLING UNITS ARE, WHERE APPLICABLE, SUPPORTED BY
SEPTIC CAPACITY NECESSARY TO MEET STATE HEALTH, SAFETY AND SANITARY
STANDARDS, THAT THE CREATION OF SUCH ACCESSORY DWELLING UNITS COMPORTS
WITH FLOOD RESILIENCY POLICIES OR EFFORTS, AND THAT SUCH ACCESSORY
DWELLING UNITS ARE CONSISTENT WITH THE PROTECTION OF WETLANDS AND
WATERSHEDS.
(IV) NO PARKING REQUIREMENT SHALL BE IMPOSED ON AN ACCESSORY DWELLING
UNIT; PROVIDED, HOWEVER, THAT WHERE NO ADJACENT PUBLIC STREET PERMITS
S. 4006 47 A. 3006
YEAR-ROUND ON-STREET PARKING AND THE ACCESSORY DWELLING UNIT IS GREATER
THAN ONE-HALF MILE FROM ACCESS TO PUBLIC TRANSPORTATION, A LOCAL GOVERN-
MENT MAY REQUIRE UP TO ONE OFF-STREET PARKING SPACE PER ACCESSORY UNIT.
(V) A LOCAL GOVERNMENT SHALL NOT REQUIRE THAT OFF-STREET PARKING SPAC-
ES BE REPLACED IF A GARAGE, CARPORT, OR COVERED PARKING STRUCTURE IS
DEMOLISHED IN CONJUNCTION WITH THE CONSTRUCTION OF AN ACCESSORY DWELLING
UNIT OR CONVERTED TO AN ACCESSORY DWELLING UNIT.
(VI) NOTWITHSTANDING ANY LOCAL LAW, ORDINANCE, RESOLUTION, OR REGU-
LATIONS, A PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IN
CONFORMANCE WITH A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH SHALL BE
CONSIDERED MINISTERIALLY, WITHOUT DISCRETIONARY REVIEW OR A HEARING. IF
THERE IS AN EXISTING SINGLE-FAMILY OR MULTI-FAMILY RESIDENTIAL DWELLING
UNIT ON THE LOT, THE PERMITTING LOCAL GOVERNMENT SHALL ACT ON THE APPLI-
CATION TO CREATE AN ACCESSORY DWELLING UNIT WITHIN NINETY DAYS FROM THE
DATE THE LOCAL AGENCY RECEIVES A COMPLETED APPLICATION OR, IN A LOCAL
GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE, WITHIN SIXTY
DAYS. IF THE PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IS
SUBMITTED WITH A PERMIT APPLICATION TO CREATE A NEW PRIMARY RESIDENTIAL
DWELLING UNIT ON THE LOT, THE PERMITTING LOCAL GOVERNMENT MAY DELAY
ACTING ON THE PERMIT APPLICATION FOR THE ACCESSORY DWELLING UNIT UNTIL
THE PERMITTING LOCAL GOVERNMENT ACTS ON THE PERMIT APPLICATION TO CREATE
THE NEW PRIMARY RESIDENTIAL DWELLING UNIT, BUT THE APPLICATION TO CREATE
THE ACCESSORY DWELLING UNIT SHALL BE CONSIDERED WITHOUT DISCRETIONARY
REVIEW OR HEARING. IF THE APPLICANT REQUESTS A DELAY, THE TIME PERIOD
FOR REVIEW SHALL BE TOLLED FOR THE PERIOD OF THE DELAY. SUCH REVIEW
SHALL INCLUDE ALL NECESSARY PERMITS AND APPROVALS INCLUDING, WITHOUT
LIMITATION, THOSE RELATED TO HEALTH AND SAFETY. A LOCAL GOVERNMENT SHALL
NOT REQUIRE AN ADDITIONAL OR AMENDED CERTIFICATE OF OCCUPANCY IN
CONNECTION WITH AN ACCESSORY DWELLING UNIT. A LOCAL GOVERNMENT MAY
CHARGE A FEE NOT TO EXCEED ONE THOUSAND DOLLARS PER APPLICATION FOR THE
REIMBURSEMENT OF THE ACTUAL COSTS SUCH LOCAL AGENCY INCURS PURSUANT TO
THE LOCAL LAW ENACTED PURSUANT TO THIS PARAGRAPH.
(VII) LOCAL GOVERNMENTS SHALL ESTABLISH AN ADMINISTRATIVE APPEAL PROC-
ESS TO A LOCAL AGENCY FOR APPLICATIONS TO CREATE ACCESSORY DWELLING
UNITS. THE JURISDICTION OF THE LOCAL AGENCY TO DECIDE SUCH APPEALS SHALL
BE LIMITED TO REVIEWING ANY ORDER, REQUIREMENT, DECISION, INTERPRETA-
TION, OR DETERMINATION ISSUED UNDER THE LOCAL LAW ADOPTED PURSUANT TO
THIS PARAGRAPH AND DECIDING THE MATTER FROM WHICH ANY SUCH APPEAL WAS
TAKEN. WHEN A PERMIT TO CREATE AN ACCESSORY DWELLING UNIT PURSUANT TO A
LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH IS DENIED, THE LOCAL AGENCY
THAT DENIED THE PERMIT SHALL ISSUE A NOTICE OF DENIAL WHICH SHALL
CONTAIN THE REASON OR REASONS SUCH PERMIT APPLICATION WAS DENIED AND
INSTRUCTIONS ON HOW THE APPLICANT MAY APPEAL SUCH DENIAL. SUCH NOTICE
SHALL BE MADE PART OF THE RECORD OF APPEALS. ALL APPEALS SHALL BE
SUBMITTED TO THE LOCAL AGENCY AUTHORIZED BY THE GOVERNING BODY OF THE
LOCAL GOVERNMENT TO DECIDE SUCH APPEALS, IN WRITING WITHIN THIRTY DAYS
OF ANY ORDER, REQUIREMENT, DECISION, INTERPRETATION, OR DETERMINATION
RELATED TO THE CREATION OF ACCESSORY DWELLING UNITS.
(VIII) NO OTHER LOCAL LAW, ORDINANCE, POLICY, OR REGULATION SHALL BE
THE BASIS FOR THE DENIAL OF A BUILDING PERMIT OR A USE PERMIT UNDER THIS
PARAGRAPH EXCEPT TO THE EXTENT NECESSARY TO PROTECT HEALTH AND SAFETY
AND PROVIDED SUCH LAW, POLICY, OR REGULATION IS CONSISTENT WITH THE
REQUIREMENTS OF THIS PARAGRAPH.
(IX) A LOCAL GOVERNMENT SHALL NOT REQUIRE, AS A CONDITION FOR MINIS-
TERIAL APPROVAL OF A PERMIT APPLICATION FOR THE CREATION OF AN ACCESSORY
DWELLING UNIT, THE CORRECTION OF NONCONFORMING ZONING CONDITIONS,
S. 4006 48 A. 3006
NONCOMPLYING ZONING CONDITIONS, OR OTHER MINOR VIOLATIONS OF ANY LOCAL
LAW.
(X) WHERE AN ACCESSORY DWELLING UNIT REQUIRES A NEW OR SEPARATE UTILI-
TY CONNECTION DIRECTLY BETWEEN THE ACCESSORY DWELLING UNIT AND THE UTIL-
ITY, THE CONNECTION MAY BE SUBJECT TO A CONNECTION FEE OR CAPACITY
CHARGE THAT SHALL BE PROPORTIONATE TO THE BURDEN OF THE PROPOSED ACCES-
SORY DWELLING UNIT, BASED UPON EITHER ITS SIZE OR THE NUMBER OF ITS
PLUMBING FIXTURES UPON THE WATER OR SEWER SYSTEM. SUCH FEE OR CHARGE
SHALL NOT EXCEED THE REASONABLE COST OF PROVIDING SUCH UTILITY
CONNECTION. A LOCAL GOVERNMENT SHALL NOT IMPOSE ANY OTHER FEE IN
CONNECTION WITH AN ACCESSORY DWELLING UNIT.
(XI) A PROPERTY OWNER WHO IS DENIED A PERMIT BY A LOCAL GOVERNMENT IN
VIOLATION OF THIS PARAGRAPH SHALL HAVE A PRIVATE CAUSE OF ACTION IN A
COURT OF COMPETENT JURISDICTION.
(XII) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE
EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU-
LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY
REVIEW.
B. LOT SPLITS. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSU-
ANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF
THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE
MILLION OR MORE, IT SHALL BE A CONSIDERED TO BE SUCH A PREFERRED ACTION
IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH
THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHER-
EIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND
USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUN-
TY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF
SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE
IN EFFECT THROUGHOUT SUCH LOCALITY.
(I) NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, RULE OR
REGULATION, A LEAD AGENCY EQUIVALENT SHALL MINISTERIALLY APPROVE, AS SET
FORTH BY THE LOCAL LAW ADOPTED TO ESTABLISH A PREFERRED ACTION IN
ACCORDANCE WITH THIS PARAGRAPH, A LOT TO BE SPLIT IF THE LEAD AGENCY
EQUIVALENT DETERMINES THAT THE LOT MEETS ALL OF THE FOLLOWING REQUIRE-
MENTS:
A. THE LOT TO BE SPLIT CREATES NO MORE THAN TWO NEW LOTS OF APPROXI-
MATELY EQUAL LOT AREA, PROVIDED THAT ONE LOT SHALL NOT BE SMALLER THAN
FORTY PERCENT OF THE LOT AREA OF THE ORIGINAL LOT PROPOSED FOR THE
SUBDIVISION;
B. THE LOT TO BE SPLIT IS LOCATED IN AN AREA WHERE SINGLE-FAMILY RESI-
DENTIAL USE IS PERMITTED;
C. THE LOT WAS NOT CREATED FROM A PREVIOUS LOT SPLIT PERMITTED PURSU-
ANT TO THE LOCAL LAW THAT WAS ENACTED PURSUANT TO THIS PARAGRAPH; AND
D. THE PROPOSED LOT SPLIT WOULD NOT REQUIRE DEMOLITION OR ALTERATION
OF ANY OF THE FOLLOWING TYPES OF HOUSING:
(1) HOUSING THAT IS SUBJECT TO A RECORDED COVENANT, ORDINANCE, LAW OR
REGULATORY AGREEMENT THAT RESTRICTS RENTS TO LEVELS AFFORDABLE TO
PERSONS AND FAMILIES OF A SET INCOME;
(2) HOUSING THAT IS SUBJECT TO THE EMERGENCY RENT STABILIZATION LAW OR
THE EMERGENCY TENANT PROTECTION ACT; OR
S. 4006 49 A. 3006
(3) HOUSING THAT IS LISTED ON THE STATE REGISTRY OF HISTORIC PLACES OR
HAD AN APPLICATION PENDING TO BE LISTED ON SUCH REGISTRY AS OF THE
EFFECTIVE DATE OF THIS ARTICLE.
(II) AN APPLICATION FOR A LOT SPLIT SHALL BE APPROVED IN ACCORDANCE
WITH THE FOLLOWING REQUIREMENTS:
A. A LEAD AGENCY EQUIVALENT SHALL APPROVE OR DENY AN APPLICATION FOR A
LOT SPLIT MINISTERIALLY WITHOUT DISCRETIONARY REVIEW.
B. A LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE DEDICATIONS OF RIGHTS-
OF-WAY OR THE CONSTRUCTION OF OFFSITE IMPROVEMENTS FOR THE LOTS BEING
CREATED AS A CONDITION OF APPROVING A LOT SPLIT PURSUANT TO A LOCAL LAW
ADOPTED PURSUANT TO THIS PARAGRAPH.
C. A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE LAND USE STANDARDS,
ZONING STANDARDS, SUBDIVISION STANDARDS, DESIGN REVIEW STANDARDS, OR
OTHER DEVELOPMENT STANDARDS THAT WOULD HAVE THE EFFECT OF PHYSICALLY
PRECLUDING THE CONSTRUCTION OF TWO UNITS, ONE ON EACH OF THE RESULTING
LOTS, OR THAT WOULD RESULT IN A UNIT SIZE OF LESS THAN EIGHT HUNDRED
SQUARE FEET, PROVIDED FURTHER THAT NO SETBACK SHALL BE REQUIRED FOR AN
EXISTING STRUCTURE OR A STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND
TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE.
D. NOTWITHSTANDING CLAUSE C OF THIS SUBPARAGRAPH, A LEAD AGENCY EQUIV-
ALENT MAY REQUIRE A SETBACK OF UP TO FOUR FEET FROM THE SIDE AND REAR
LOT LINES.
(III) A LEAD AGENCY EQUIVALENT MAY DENY A LOT SPLIT IF THE LEAD AGENCY
EQUIVALENT MAKES A WRITTEN FINDING, BASED UPON A PREPONDERANCE OF THE
EVIDENCE, THAT A PROPOSED RESIDENTIAL DWELLING UNIT ON ONE OF THE NEW
LOTS WOULD HAVE A SPECIFIC, ADVERSE IMPACT UPON PUBLIC HEALTH OR SAFETY
FOR WHICH THERE IS NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE THE
SPECIFIC ADVERSE IMPACT.
(IV) A LEAD AGENCY EQUIVALENT MAY REQUIRE ANY OF THE FOLLOWING CONDI-
TIONS WHEN CONSIDERING AN APPLICATION TO UNDERTAKE A LOT SPLIT:
A. EASEMENTS REQUIRED FOR THE PROVISION OF PUBLIC SERVICES AND FACILI-
TIES;
B. A REQUIREMENT THAT THE LOTS HAVE ACCESS TO, PROVIDE ACCESS TO, OR
ADJOIN THE PUBLIC RIGHT-OF-WAY; AND
C. OFF-STREET PARKING OF UP TO ONE SPACE PER RESIDENTIAL DWELLING
UNIT, EXCEPT THAT A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE PARKING
REQUIREMENTS IN EITHER OF THE FOLLOWING INSTANCES:
(1) WHERE YEAR-ROUND PARKING IS PERMITTED ON AN ADJACENT STREET; OR
(2) WHERE THE SPLIT LOT IS WITHIN ONE-HALF MILE OF ACCESS TO PUBLIC
TRANSPORTATION.
(V) A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE OWNER OCCUPANCY REQUIRE-
MENTS ON A LOT SPLIT AUTHORIZED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT
TO THIS PARAGRAPH.
(VI) A LEAD AGENCY EQUIVALENT SHALL REQUIRE THAT A RENTAL OF ANY UNIT
CREATED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH BE
FOR A TERM LONGER THAN THIRTY DAYS.
(VII) A LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE, AS A CONDITION FOR
MINISTERIAL APPROVAL OF A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED
PURSUANT TO THIS PARAGRAPH, CORRECTION OF NONCONFORMING OR NONCOMPLYING
ZONING CONDITIONS.
(VIII) A REQUEST FOR A LOT SPLIT PURSUANT TO A LOCAL LAW ADOPTED
PURSUANT TO THIS PARAGRAPH SHALL NOT BE DENIED SOLELY BECAUSE IT
PROPOSED ADJACENT OR CONNECTED STRUCTURES, PROVIDED THAT THE STRUCTURES
MEET BUILDING CODE SAFETY STANDARDS AND ARE SUFFICIENT TO ALLOW SEPARATE
CONVEYANCE.
S. 4006 50 A. 3006
(IX) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE
EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU-
LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW.
C. REMOVE EXCLUSIONARY MEASURES. IT SHALL BE CONSIDERED TO BE A
PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL
LAW THE PROVISIONS OF THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED TO BE
SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS
OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED
WITHIN A COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND
SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY,
TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A
PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF
THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY.
(I) NO LOCALITY SHALL, AS PART OF ITS LAND USE LAWS, ORDINANCES, RULES
OR REGULATIONS, INCLUDING, BUT NOT LIMITED TO, ZONING LAWS, ORDINANCES,
RULES OR REGULATIONS, SITE PLAN REVIEW LAWS, ORDINANCES, RULES OR REGU-
LATIONS, SUBDIVISION LAWS, RULES OR REGULATIONS, OR COMPREHENSIVE PLAN-
NING LAWS, RULES OR REGULATIONS, IMPOSE:
A. MINIMUM LOT SIZE REQUIREMENTS FOR MIXED-USE OR RESIDENTIAL USES;
B. HEIGHT LIMITS THAT PRECLUDE OR UNDULY RESTRICT THE ABILITY TO BUILD
RESIDENTIAL ACCOMMODATIONS, INCLUDING MULTI-FAMILY RESIDENTIAL BUILD-
INGS;
C. LOT COVERAGE RESTRICTIONS THAT PRECLUDE OR UNDULY RESTRICT THE
ABILITY TO BUILD RESIDENTIAL ACCOMMODATIONS, INCLUDING MULTI-FAMILY
RESIDENTIAL BUILDINGS; OR
D. PARKING MINIMUMS ON ANY SITE THAT EXCEED ONE PARKING SPACE PER
RESIDENTIAL DWELLING UNIT, PROVIDED, FURTHER, THAT NO PARKING MINIMUMS
MAY BE IMPOSED FOR ANY SITE THAT INCLUDES RESIDENTIAL DWELLING UNITS
WHEN SUCH SITE IS LOCATED WITHIN ONE-HALF MILE FROM ACCESS TO PUBLIC
TRANSPORTATION.
(II) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE
EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU-
LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW.
D. SMART GROWTH REZONINGS. IT SHALL BE CONSIDERED TO BE A PREFERRED
ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE
PROVISIONS OF THIS PARAGRAPH. SUCH PREFERRED ACTION SHALL BE DESIGNED
AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE
FAIR HOUSING LAWS, INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER
FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE REQUIREMENTS SET
FORTH IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING
LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR
MORE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY
ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH
LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY
IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE REQUIRE-
MENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO
EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY
S. 4006 51 A. 3006
ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT
THROUGHOUT SUCH LOCALITY.
(I) A LEAD AGENCY EQUIVALENT SHALL UNDERTAKE A LAND USE ACTION TO
AMEND ITS LAND USE REQUIREMENTS, AS APPLICABLE, TO PERMIT THE
CONSTRUCTION OF RESIDENTIAL HOUSING WITH AN AGGREGATE DENSITY OF AT
LEAST TWENTY-FIVE RESIDENTIAL DWELLING UNITS PER ACRE OVER AN AREA OR
AREAS CONSISTING SOLELY OF PREVIOUSLY DISTURBED LAND THAT, IN THE AGGRE-
GATE, ARE EQUAL TO ONE-THIRD OF THE PREVIOUSLY DISTURBED LAND MASS OF
THE LOCALITY.
(II) SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE
DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY INFEASIBLE, INCLUDING,
BUT NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR
OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM RESIDEN-
TIAL DWELLING UNIT SIZE LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF
PERMITTED RESIDENTIAL DWELLING UNITS WITHIN A RESIDENTIAL HOUSING
PROJECT BASED ON LOT SIZE OR OTHER CRITERIA OTHER THAN THE AGGREGATE
DENSITY.
(III) SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON A REASON-
ABLE PERCENTAGE OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF
GRANTING RESIDENTS ACCESS TO AMENITIES, GOODS, AND SERVICES WITHIN WALK-
ING DISTANCE OF THEIR RESIDENCES.
(IV) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE
EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU-
LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY
REVIEW.
(V) ANY PROPOSED PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND
COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER SUCH LAND USE
REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE
EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVI-
RONMENTAL CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED
THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE
TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT
NOT LIMITED TO, IN A CITY WITH A POPULATION GREATER THAN ONE MILLION
PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW.
(VI) PROJECT SPECIFIC REVIEW OF ANY PROJECT THAT PROVIDES RESIDENTIAL
HOUSING AND COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER SUCH
REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL:
A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE
APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING
SUBMITTED; AND
B. BE LIMITED TO A REVIEW OF THE FOLLOWING:
(1) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
(2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
SERVICES TO THE PROPOSED PROJECT; AND
(3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER
AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE
THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY
INFEASIBLE.
S. 4006 52 A. 3006
C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET FORTH
IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE
ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU-
LATIONS.
E. ADAPTIVE REUSE REZONINGS. IT SHALL BE CONSIDERED TO BE A PREFERRED
ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE
PROVISIONS OF THIS PARAGRAPH. SUCH PREFERRED ACTION SHALL BE DESIGNED
AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE
FAIR HOUSING LAWS, INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER
FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE REQUIREMENTS SET
FORTH IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING
LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION GREATER THAN ONE
MILLION PEOPLE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF
SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGH-
OUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN
SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE
REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS
SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH
COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN
EFFECT THROUGHOUT SUCH LOCALITY.
(I) A LEAD AGENCY EQUIVALENT SHALL UNDERTAKE A LAND USE ACTION TO
AMEND ITS LAND USE REQUIREMENTS TO PERMIT THE CONSTRUCTION AND OCCUPANCY
OF RESIDENTIAL HOUSING WITH AN AGGREGATE DENSITY OF AT LEAST TWENTY-FIVE
RESIDENTIAL DWELLING UNITS PER ACRE IN AN AREA THAT, PRIOR TO SUCH
AMENDMENT, PERMITTED ONLY COMMERCIAL USE.
A. SUCH LAND USE ACTION MUST ENCOMPASS AN AREA OF AT LEAST ONE HUNDRED
ACRES.
B. SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE
DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY INFEASIBLE, INCLUDING,
BUT NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR
OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM UNIT SIZE
LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF PERMITTED RESIDENTIAL
DWELLING UNITS WITHIN A RESIDENTIAL HOUSING PROJECT BASED ON LOT SIZE OR
OTHER CRITERIA OTHER THAN THE AGGREGATE DENSITY.
C. SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON A REASONABLE
PERCENTAGE OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF GRANT-
ING RESIDENTS ACCESS TO AMENITIES, GOODS, AND SERVICES WITHIN WALKING
DISTANCE OF THEIR RESIDENCES.
(II) ANY AMENDMENT UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL BE
EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU-
LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
LATION GREATER THAN ONE MILLION PEOPLE, CITY ENVIRONMENTAL QUALITY
REVIEW.
(III) ANY PROPOSED PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND
COMPLIES WITH LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS
HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE EXEMPT FROM
REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW AND ANY RULES AND REGULATIONS PROMULGATED PURSUANT
THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE
TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT
NOT LIMITED TO, IN A CITY WITH A POPULATION GREATER THAN ONE MILLION
PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW.
S. 4006 53 A. 3006
(IV) ANY PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH
APPLICABLE LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE
BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE BUILDABLE AS OF RIGHT,
AND ANY PROJECT SPECIFIC REVIEW RELATING TO SUCH PROJECT SHALL:
A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE
APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING
SUBMITTED; AND
B. BE LIMITED TO A REVIEW OF THE FOLLOWING:
(1) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
(2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
SERVICES TO THE PROPOSED PROJECT; AND
(3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER
AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE
THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY
INFEASIBLE.
C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET FORTH
IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE
ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU-
LATIONS.
§ 1004. LOCAL PROCEDURES OUTSIDE OF SAFE HARBOR/GENERAL APPEAL PROC-
ESS. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, WHEN A LOCALITY
IS NOT IN SAFE HARBOR:
1. AN APPLICANT MAY PROPOSE A QUALIFYING PROJECT TO A LEAD AGENCY
EQUIVALENT, REGARDLESS OF WHETHER THE QUALIFYING PROJECT COMPLIES WITH
THE LAND USE REQUIREMENTS APPLICABLE TO THE SITE WHERE THE QUALIFYING
PROJECT IS PROPOSED. NO LEAD AGENCY EQUIVALENT MAY REJECT A PROPOSED
QUALIFYING PROJECT DUE TO SUCH PROJECT FAILING TO COMPLY WITH THE LAND
USE REQUIREMENTS ON THE SITE WHERE THE QUALIFYING PROJECT IS PROPOSED,
UNLESS SUCH QUALIFYING PROJECT IS NOT LOCATED ON PREVIOUSLY DISTURBED
LAND.
2. THE LEAD AGENCY EQUIVALENT MUST APPROVE OR DENY THE APPLICATION FOR
THE QUALIFYING PROJECT WITHIN ONE HUNDRED TWENTY DAYS IF THE PROPOSED
QUALIFYING PROJECT CONTAINS AT LEAST TEN RESIDENTIAL DWELLING UNITS BUT
LESS THAN ONE HUNDRED RESIDENTIAL DWELLING UNITS, AND WITHIN ONE HUNDRED
EIGHTY DAYS IF THE PROPOSED QUALIFYING PROJECT CONTAINS ONE HUNDRED OR
MORE RESIDENTIAL DWELLING UNITS. FAILURE TO APPROVE OR DENY AN APPLICA-
TION WITHIN THE TIME PERIODS SPECIFIED IN THIS SUBDIVISION SHALL BE
DEEMED TO BE A CONSTRUCTIVE DENIAL, PROVIDED FURTHER THAT THE IMPOSITION
OF CONDITIONS ON THE PROJECT BY THE LEAD AGENCY EQUIVALENT THAT RENDER
THE PROJECT ECONOMICALLY INFEASIBLE SHALL BE DEEMED TO BE A CONSTRUCTIVE
DENIAL, AND SUBJECT TO APPEAL PURSUANT TO THIS SECTION, SECTION ONE
THOUSAND FIVE OR SECTION ONE THOUSAND SIX OF THIS ARTICLE.
3. ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFYING
PROJECT SHALL BE EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE
EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU-
LATIONS PROMULGATED PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
LOCAL LAW, REGULATION OR RULE TO ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW, AND
SHALL BE LIMITED TO A REVIEW OF THE FOLLOWING:
A. THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
S. 4006 54 A. 3006
B. THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
SERVICES TO THE PROPOSED PROJECT; AND
C. THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHETIC
REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJECTIVE
STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER
AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE
THE COST OF A PROJECT TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY
INFEASIBLE.
NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE INTERPRETED TO OVERRIDE
OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL
LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH IN THIS ARTICLE.
4. ANY DENIAL OF AN APPLICATION MUST BE ACCOMPANIED BY THE SPECIFIC
REASONS FOR THE DENIAL SET FORTH IN WRITING.
5. WHEN AN APPLICANT IS DENIED PERMISSION TO PROCEED WITH A QUALIFYING
PROJECT, THE APPLICANT MAY FILE AN APPEAL OF THE DENIAL PURSUANT TO
SECTION ONE THOUSAND FIVE OR ONE THOUSAND SIX OF THIS ARTICLE WITHIN
SIXTY DAYS OF THE DENIAL. AN APPLICANT MAY ONLY FILE ONE SUCH APPEAL PER
QUALIFYING PROJECT AND MAY ONLY FILE EITHER PURSUANT TO SECTION ONE
THOUSAND FIVE OR ONE THOUSAND SIX.
§ 1005. HOUSING REVIEW BOARD. 1. STRUCTURE AND POWERS OF THE HOUSING
REVIEW BOARD.
A. THERE IS HEREBY ESTABLISHED, WITHIN THE DIVISION, A HOUSING REVIEW
BOARD, TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
B. THE HOUSING REVIEW BOARD SHALL CONSIST OF FIVE MEMBERS. THREE
MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE MEMBER SHALL BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AND ONE MEMBER SHALL BE
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE. THE BOARD MEMBERS
SHALL SERVE FIVE YEAR TERMS, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY
VACANCIES ON THE BOARD SHALL BE FILLED WITHIN A REASONABLE TIME PERIOD
BY THE OFFICIAL WHO APPOINTED THE BOARD MEMBER WHOSE ABSENCE HAS CAUSED
THE VACANCY.
C. THE HOUSING REVIEW BOARD SHALL HAVE THE POWER AND DUTIES TO CONDUCT
HEARINGS, TAKE OATHS, ISSUE ORDERS, AND OTHERWISE PERFORM ANY FUNCTION
NECESSARY TO OPERATE IN CONFORMITY WITH THE PROVISIONS OF THIS ARTICLE.
THE POWERS OF THE HOUSING REVIEW BOARD SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE POWERS GRANTED TO THE COMMISSIONER OF HOUSING BY SUBDIVISION ONE
OF SECTION FOURTEEN OF THE PUBLIC HOUSING LAW, AND THE STATUTES, RULES,
REGULATIONS AND OTHER DOCUMENTS GOVERNING THE ADMINISTRATION OF HOUSING
BY THE DIVISION OF HOMES AND COMMUNITY RENEWAL.
D. THE DIVISION SHALL PROVIDE ANY ADMINISTRATIVE AND STAFF SUPPORT,
INCLUDING, BUT NOT LIMITED TO, ADMINISTRATIVE LAW JUDGES, TO THE HOUSING
REVIEW BOARD NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THE
PROVISIONS OF THIS ARTICLE.
E. IF THE DIVISION DETERMINES THAT A LOCALITY DOES OR DOES NOT QUALIFY
FOR SAFE HARBOR, THE HOUSING REVIEW BOARD, OR ANY COURT HEARING AN
APPEAL RELATED TO SUCH LOCALITY SHALL TAKE JUDICIAL NOTICE OF THE DIVI-
SION'S DETERMINATION. IF THE DIVISION HAS NOT ISSUED A DETERMINATION AS
TO WHETHER A LOCALITY IS IN SAFE HARBOR BASED ON THE THREE-YEAR CYCLE
THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE,
AND SUCH A DETERMINATION IS NECESSARY TO ADJUDICATE AN APPEAL BEFORE THE
HOUSING REVIEW BOARD OR A COURT, SUCH HOUSING REVIEW BOARD OR COURT MAY
MAKE SUCH A DETERMINATION THAT APPLIES ONLY TO THE APPLICATION PENDING
BEFORE THE HOUSING REVIEW BOARD OR THE COURT, PROVIDED FURTHER, HOWEVER,
THAT IF THE HOUSING REVIEW BOARD OR A COURT MAKES A DETERMINATION THAT A
LOCALITY IS IN SAFE HARBOR AS A RESULT OF THE LOCALITY ENACTING
PREFERRED ACTIONS PURSUANT TO SUBDIVISION FOUR OF SECTION ONE THOUSAND
S. 4006 55 A. 3006
THREE OF THIS ARTICLE, SUCH DETERMINATION SHALL BE APPLIED TO FUTURE
PROCEEDINGS PURSUANT TO THIS SECTION AND SECTION ONE THOUSAND SIX OF
THIS ARTICLE FOR THE REMAINDER OF THE THREE-YEAR CYCLE FOR WHICH SUCH
DETERMINATION WAS MADE. THE DIVISION, AT ITS DISCRETION, MAY TAKE NOTICE
OF SUCH DETERMINATION AND THE FACTS UNDERLYING SUCH DETERMINATION, AND
ISSUE ITS OWN DETERMINATION AS TO THE APPLICATION OF SAFE HARBOR THAT
WOULD BE APPLIED TO ALL FURTHER APPEALS RELATING TO SUCH LOCALITY FOR
THE DURATION THAT SAFE HARBOR APPLIES.
2. APPEALS BEFORE THE HOUSING REVIEW BOARD. A. BEGINNING ON JANUARY
FIRST, TWO THOUSAND TWENTY-SEVEN, ANY APPLICANT WHOSE APPLICATION RELAT-
ING TO A QUALIFYING PROJECT IS DENIED BY A LEAD AGENCY EQUIVALENT MAY
APPEAL SUCH DENIAL TO THE HOUSING REVIEW BOARD WITHIN SIXTY DAYS OF THE
ISSUANCE OF THE DENIAL.
B. IF AN APPEAL IS BROUGHT BEFORE THE HOUSING REVIEW BOARD AND THE
DIVISION HAS ALREADY DETERMINED THAT THE LOCALITY AT ISSUE IS IN SAFE
HARBOR FOR THE APPLICABLE THREE-YEAR CYCLE, THEN THE APPEAL SHALL BE
DENIED AND THE DETERMINATION BY THE LEAD AGENCY EQUIVALENT SHALL BE
MAINTAINED. IF NO DETERMINATION HAS BEEN MADE AS TO WHETHER THE LOCALITY
IS IN SAFE HARBOR, THE HOUSING REVIEW BOARD SHALL DETERMINE AS A THRESH-
OLD ISSUE WHETHER SUCH LOCALITY IS IN SAFE HARBOR.
C. IF A LOCALITY IS FOUND TO NOT BE IN SAFE HARBOR, THE HOUSING REVIEW
BOARD SHALL ISSUE A DETERMINATION AS TO WHETHER THE LEAD AGENCY EQUIV-
ALENT PROPERLY DENIED THE APPLICATION AT ISSUE IN THE APPEAL PURSUANT TO
THE REQUIREMENTS SET FORTH IN SECTION ONE THOUSAND FOUR OF THIS ARTICLE.
D. IN ISSUING A DETERMINATION, THE HOUSING REVIEW BOARD MAY:
(I) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT
SUCH LEAD AGENCY EQUIVALENT TO ISSUE A COMPREHENSIVE PERMIT OR APPROVAL
TO THE APPLICANT;
(II) DENY THE APPEAL AND UPHOLD THE LEAD AGENCY EQUIVALENT'S DENIAL OF
THE APPLICATION; OR
(III) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT
SUCH LEAD AGENCY EQUIVALENT TO CONSIDER THE APPLICATION AS AMENDED TO
ADDRESS ANY LEGITIMATE CONCERNS RAISED BY THE LEAD AGENCY EQUIVALENT.
THE HOUSING REVIEW BOARD MAY REQUIRE THAT THE LEAD AGENCY EQUIVALENT
CONSIDER ANY SUCH AMENDED APPLICATION ON AN EXPEDITED BASIS.
E. IN CONSIDERING THE DENIAL OF AN APPLICATION, THE HOUSING REVIEW
BOARD MAY ONLY CONSIDER THE REASONS FOR THE DENIAL GIVEN BY THE LEAD
AGENCY EQUIVALENT AT THE TIME THE APPLICATION WAS DENIED.
F. ONCE A DETERMINATION HAS BEEN ISSUED BY THE HOUSING REVIEW BOARD,
SUCH DETERMINATION MAY BE APPEALED WITHIN SIXTY DAYS TO AN ADMINISTRA-
TIVE LAW JUDGE DESIGNATED TO HEAR SUCH MATTERS. ANY DETERMINATION ISSUED
BY AN ADMINISTRATIVE LAW JUDGE SHALL BE CONSIDERED TO BE A FINAL AGENCY
DETERMINATION AND MAY BE APPEALED PURSUANT TO ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES.
3. BURDEN OF PROOF BEFORE THE HOUSING REVIEW BOARD. A. (I) DURING A
PROCEEDING BEFORE THE HOUSING REVIEW BOARD, THE LOCALITY WHICH DENIED
THE PERMIT FOR THE QUALIFYING PROJECT SHALL INITIALLY CARRY THE BURDEN
OF PROOF TO DEMONSTRATE, BASED UPON CLEAR AND CONVINCING EVIDENCE, THAT
THE PERMIT WAS PROPERLY DENIED PURSUANT TO ONE OR MORE OF THE REASONS
SET FORTH IN SUBDIVISION THREE OF SECTION ONE THOUSAND FOUR OF THIS
ARTICLE, THAT THE LOCALITY IS IN SAFE HARBOR, OR THAT THE PROJECT AT
ISSUE IS NOT A QUALIFYING PROJECT.
(II) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, A LOCALITY
THAT IS NOT IN SAFE HARBOR MAY RAISE AS AN AFFIRMATIVE DEFENSE THAT THE
AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS, AS WEIGHTED PURSUANT TO
SUBDIVISION THREE OF SECTION ONE THOUSAND THREE OF THIS ARTICLE,
S. 4006 56 A. 3006
CONSTRUCTED IN THE THREE-YEAR CYCLE DURING WHICH THE APPEAL WAS FILED,
COMBINED WITH THE AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS
CONSTRUCTED IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE CYCLE IN
WHICH THE APPEAL WAS FILED, CONSTITUTE AN AMOUNT OF ELIGIBLE RESIDENTIAL
DWELLING UNITS TO QUALIFY THE LOCALITY FOR SAFE HARBOR FOR THE THREE-
YEAR CYCLE IN WHICH THE APPEAL WAS FILED. PROVIDED, FURTHER THAT ELIGI-
BLE RESIDENTIAL DWELLING UNITS SHALL ONLY BE CREDITED FOR ONE THREE-YEAR
CYCLE, REGARDLESS OF WHEN SUCH DWELLING UNITS WERE PERMITTED OR BUILT.
SUCH DEFENSE MUST BE DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE, AND
MUST BE SUBSTANTIATED BY DOCUMENTATION SUCH AS TEMPORARY OR FINAL
CERTIFICATES OF OCCUPANCY FOR THE HOUSING. IF THE LOCALITY MEETS THE
BURDEN SET FORTH IN THIS PARAGRAPH, UNLESS THE APPLICANT SUCCESSFULLY
REBUTS THE EVIDENCE OR REASONS FOR REJECTION PROVIDED BY THE LOCALITY
PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, SUCH LOCALITY SHALL BE
DEEMED TO BE IN SAFE HARBOR FOR THE REMAINDER OF THE THREE-YEAR CYCLE IN
EFFECT AT THE TIME THE APPEAL WAS FILED, EFFECTIVE THE DATE SUCH DETER-
MINATION IS MADE.
B. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN PARAGRAPH A OF THIS
SUBDIVISION, THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY TO REBUT THE
EVIDENCE AND REASONS FOR REJECTION PROVIDED BY THE LOCALITY.
C. IF THE DIVISION ISSUES A DETERMINATION AS TO WHETHER A LOCALITY IS
IN SAFE HARBOR, THE HOUSING REVIEW BOARD AND ADMINISTRATIVE LAW JUDGES
SHALL TAKE NOTICE OF SUCH DETERMINATION. IF NO SUCH DETERMINATION HAS
BEEN ISSUED BY THE DIVISION, EXCEPT AS PROVIDED IN PARAGRAPH E OF SUBDI-
VISION ONE OF THIS SECTION, THE HOUSING REVIEW BOARD AND ADMINISTRATIVE
LAW JUDGES MAY MAKE A DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE
HARBOR, BASED ON THE THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY
PRIOR TO THE APPLICABLE THREE-YEAR CYCLE, SOLELY FOR THE PURPOSES OF
ISSUING A DETERMINATION REGARDING THE APPLICATION THAT IS THE SUBJECT OF
THE APPEAL BEING CONSIDERED.
4. COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE
OFFICER OR OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL
PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERN-
MENT AND ITS OFFICERS ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR
WITH MALICE.
§ 1006. LAND USE APPEALS BEFORE THE SUPREME COURT. 1. JUDGES OF THE
SUPREME COURT THAT ARE SPECIALLY DESIGNATED AS LAND USE JUDGES BY THE
CHIEF ADMINISTRATOR OF THE COURTS SHALL HEAR LAND USE APPEALS. SUCH
JUDGES SHALL BE SELECTED FROM A LIST OF QUALIFIED CANDIDATES AS CREATED
BY THE LAND USE ADVISORY COUNCIL. ONLY SUCH LAND USE JUDGES SHALL BE
EMPOWERED TO ADJUDICATE LAND USE APPEALS PURSUANT TO THIS SECTION ARIS-
ING ANYWHERE IN THE STATE OF NEW YORK, REGARDLESS OF WHAT COUNTY THE
JUDGE SERVES IN OVER THE COURSE OF THEIR NORMAL DUTIES.
2. THERE SHALL BE ESTABLISHED A LAND USE ADVISORY COUNCIL. A. THE
LAND USE ADVISORY COUNCIL SHALL BE COMPOSED OF FIVE MEMBERS. THREE
MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE MEMBER SHALL BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AND ONE MEMBER SHALL BE
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE. THE MEMBERS SHALL
SERVE FIVE YEAR TERMS, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY VACAN-
CIES ON THE COUNCIL SHALL BE FILLED WITHIN A REASONABLE TIME PERIOD BY
THE OFFICIAL WHO APPOINTED THE MEMBER WHOSE ABSENCE HAS CAUSED THE
VACANCY.
B. THE LAND USE ADVISORY COUNCIL SHALL MEET AT LEAST FOUR TIMES A
YEAR, AND ON SUCH ADDITIONAL OCCASIONS AS THEY MAY REQUIRE OR AS MAY BE
REQUIRED BY THE ADMINISTRATIVE JUDGE. MEMBERS SHALL RECEIVE NO COMPEN-
SATION.
S. 4006 57 A. 3006
C. THE LAND USE ADVISORY COUNCIL SHALL PUBLISH A LIST OF SUPREME COURT
JUDGES QUALIFIED TO HEAR LAND USE APPEALS BASED ON TRAINING, EXPERIENCE
AND JUDICIAL TEMPERAMENT.
3. APPEALS BEFORE A LAND USE JUDGE. A. BEGINNING ON JANUARY FIRST, TWO
THOUSAND TWENTY-SEVEN, ANY APPLICANT WHOSE APPLICATION RELATED TO A
QUALIFYING PROJECT IS DENIED BY A LEAD AGENCY EQUIVALENT MAY APPEAL SUCH
DENIAL BEFORE A LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION IN
SUPREME COURT. THE APPLICANT SHALL CHOOSE THE FORUM IN WHICH TO FILE THE
APPEAL.
B. IF AN APPEAL IS BROUGHT BEFORE SUCH LAND USE JUDGE AND THE DIVISION
HAS ALREADY DETERMINED THAT THE LOCALITY AT ISSUE IS IN SAFE HARBOR FOR
THE APPLICABLE THREE-YEAR CYCLE, THEN THE APPEAL SHALL BE DENIED AND THE
DETERMINATION BY THE LEAD AGENCY EQUIVALENT SHALL BE MAINTAINED. IF NO
DETERMINATION HAS BEEN MADE AS TO WHETHER THE LOCALITY IS IN SAFE
HARBOR, SUCH LAND USE JUDGE SHALL DETERMINE AS A THRESHOLD ISSUE WHETHER
SUCH LOCALITY IS IN SAFE HARBOR BASED ON THE THREE-YEAR CYCLE THAT WAS
COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE.
C. IF A LOCALITY IS FOUND TO NOT BE IN SAFE HARBOR, SUCH LAND USE
JUDGE SHALL ISSUE A DETERMINATION AS TO WHETHER THE LEAD AGENCY EQUIV-
ALENT PROPERLY DENIED THE APPLICATION AT ISSUE IN THE APPEAL PURSUANT TO
THE REQUIREMENTS SET FORTH IN SECTION ONE THOUSAND FOUR OF THIS ARTICLE.
D. IN ISSUING A DETERMINATION, SUCH LAND USE JUDGE MAY:
(I) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT
SUCH LEAD AGENCY EQUIVALENT TO ISSUE A COMPREHENSIVE PERMIT OR APPROVAL
TO THE APPLICANT;
(II) DENY THE APPEAL AND UPHOLD THE LEAD AGENCY EQUIVALENT'S DENIAL OF
THE APPLICATION; OR
(III) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT
SUCH LEAD AGENCY EQUIVALENT TO CONSIDER THE APPLICATION AS AMENDED TO
ADDRESS ANY LEGITIMATE CONCERNS RAISED BY THE LEAD AGENCY EQUIVALENT.
SUCH LAND USE JUDGE MAY REQUIRE THAT THE LEAD AGENCY EQUIVALENT CONSIDER
ANY SUCH AMENDED APPLICATION ON AN EXPEDITED BASIS.
E. IN CONSIDERING THE DENIAL OF AN APPLICATION, SUCH LAND USE JUDGE
MAY ONLY CONSIDER THE REASONS FOR THE DENIAL GIVEN BY THE LEAD AGENCY
EQUIVALENT AT THE TIME THE APPLICATION WAS DENIED.
4. BURDEN OF PROOF BEFORE A COURT. A. (I) DURING A PROCEEDING BEFORE A
LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION, THE LOCALITY WHICH
DENIED THE PERMIT FOR THE QUALIFYING PROJECT SHALL INITIALLY CARRY THE
BURDEN OF PROOF TO DEMONSTRATE, BASED UPON CLEAR AND CONVINCING
EVIDENCE, THAT THE PERMITS WERE PROPERLY DENIED PURSUANT TO ONE OR MORE
OF THE REASONS SET FORTH IN SUBDIVISION THREE OF SECTION ONE THOUSAND
FOUR OF THIS ARTICLE, THAT THE LOCALITY IS IN SAFE HARBOR, OR THAT THE
PROJECT AT ISSUE IS NOT A QUALIFYING PROJECT.
(II) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, A LOCALITY
THAT IS NOT IN SAFE HARBOR MAY RAISE AS AN AFFIRMATIVE DEFENSE THAT THE
AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS, AS WEIGHTED PURSUANT TO
SUBDIVISION THREE OF SECTION ONE THOUSAND THREE OF THIS ARTICLE,
CONSTRUCTED IN THE THREE-YEAR CYCLE DURING WHICH THE APPEAL WAS FILED,
COMBINED WITH THE AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS
CONSTRUCTED IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE CYCLE IN
WHICH THE APPEAL WAS FILED, CONSTITUTE AN AMOUNT OF ELIGIBLE RESIDENTIAL
DWELLING UNITS NEEDED TO QUALIFY THE LOCALITY FOR SAFE HARBOR FOR THE
THREE-YEAR CYCLE IN WHICH THE APPEAL WAS FILED. PROVIDED, FURTHER, THAT
ELIGIBLE RESIDENTIAL DWELLING UNITS SHALL ONLY BE CREDITED FOR ONE
THREE-YEAR CYCLE, REGARDLESS OF WHEN SUCH DWELLING UNITS WERE PERMITTED
OR BUILT. SUCH DEFENSE MUST BE DEMONSTRATED BY CLEAR AND CONVINCING
S. 4006 58 A. 3006
EVIDENCE, AND MUST BE SUBSTANTIATED BY DOCUMENTATION SUCH AS TEMPORARY
OR FINAL CERTIFICATES OF OCCUPANCY FOR THE HOUSING. IF THE LOCALITY
MEETS THE BURDEN SET FORTH IN THIS PARAGRAPH, UNLESS THE APPLICANT
SUCCESSFULLY REBUTS THE EVIDENCE OR REASONS FOR REJECTION PROVIDED BY
THE LOCALITY PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, SUCH LOCALITY
SHALL BE DEEMED TO BE IN SAFE HARBOR FOR THE REMAINDER OF THE THREE-YEAR
CYCLE IN EFFECT AT THE TIME THE APPEAL WAS FILED, EFFECTIVE THE DATE
SUCH DETERMINATION IS MADE.
B. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN PARAGRAPH A OF THIS
SUBDIVISION, THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY TO REBUT THE
EVIDENCE AND REASONS FOR REJECTION PROVIDED BY THE LOCALITY.
C. IF THE DIVISION ISSUES A DETERMINATION AS TO WHETHER A LOCALITY IS
IN SAFE HARBOR, SUCH LAND USE JUDGE SHALL TAKE NOTICE OF SUCH DETERMI-
NATION. IF NO SUCH DETERMINATION HAS BEEN ISSUED BY THE DIVISION, EXCEPT
AS PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF SECTION ONE THOUSAND
FIVE OF THIS ARTICLE, SUCH LAND USE JUDGE MAY MAKE A DETERMINATION AS TO
WHETHER A LOCALITY IS IN SAFE HARBOR, BASED ON THE THREE-YEAR CYCLE THAT
WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE,
SOLELY FOR THE PURPOSES OF ISSUING A DETERMINATION REGARDING THE APPLI-
CATION THAT IS THE SUBJECT OF THE APPEAL BEING CONSIDERED.
5. ANY FINAL ORDER ISSUED BY A LAND USE JUDGE DESIGNATED PURSUANT TO
THIS SECTION SHALL BE APPEALED IN A MANNER CONSISTENT WITH THE CIVIL
PRACTICE LAW AND RULES.
6. THE CHIEF ADMINISTRATOR OF THE COURT SHALL PROMULGATE RULES AND
REGULATIONS TO CARRY OUT THE MANDATE OF THIS SECTION.
7. COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE
OFFICER OR OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL
PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERN-
MENT AND ITS OFFICERS ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR
WITH MALICE.
8. EMPLOYEES AND AGENTS OF LOCALITIES MAY ONLY BE SUED IN THEIR OFFI-
CIAL CAPACITY FOR NON-COMPLIANCE WITH THIS ARTICLE.
§ 3. Section 14 of the public housing law is amended by adding a new
subdivision 8 to read as follows:
8. THE DIVISION SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS,
RULES AND POLICIES RELATED TO LAND USE BY CITIES, TOWNS, AND VILLAGES AS
IT RELATES TO THE DEVELOPMENT OF HOUSING, INCLUDING, BUT NOT LIMITED TO,
THE ADMINISTRATION AND ENFORCEMENT OF ARTICLE TWENTY OF THE GENERAL
MUNICIPAL LAW, THE TRANSIT-ORIENTED DEVELOPMENT ACT OF 2023, AND SECTION
TWENTY-A OF THE PUBLIC HOUSING LAW. SUCH ENFORCEMENT AUTHORITY SHALL
INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE POWERS GRANTED BY SUBDIVISION
ONE OF THIS SECTION, IN ADDITION TO THE STATUTES, RULES, REGULATION AND
OTHER DOCUMENTS REGARDING THE AUTHORITY OF THE DIVISION, AND, WHERE
APPLICABLE, THE POWER TO ISSUE ORDERS AND ADMINISTER FUNDING AND GRANTS
TO LOCALITIES TO ASSIST WITH LAND USE PLANNING.
§ 4. Severability. In the event it is determined by a court of compe-
tent jurisdiction that any phrase, clause, part, subdivision, paragraph
or subsection, or any of the provisions of this article is unconstitu-
tional or otherwise invalid or inoperative, such determination shall not
affect the validity or effect of the remaining provisions of this arti-
cle.
§ 5. This act shall take effect immediately.
PART G
S. 4006 59 A. 3006
Section 1. Short title. This act shall be known and may be cited as
the "transit-oriented development act of 2023".
§ 2. Legislative findings and statement of purpose. The legislature
hereby finds, determines and declares:
New York State has a vital interest in reducing harmful greenhouse gas
emissions. New York State further recognizes that encouraging and facil-
itating use of rail-based mass transit is a valuable method for reducing
greenhouse gas emissions. New York State further recognizes that creat-
ing walkable living environments with a variety of housing options near
rail-based mass transit not only advances the goal of encouraging the
use of rail-based mass transit, but also promotes local and regional
economic development.
Housing in the state of New York is among the most expensive in the
nation and housing insecurity remains a problem for many low- and moder-
ate-income families. The excessive cost of the state's housing supply is
partially caused by a lack of housing near public transit access points.
This lack of available housing is especially pronounced in well-re-
sourced municipalities and neighborhoods with access to jobs, educa-
tional resources, and health infrastructure that engender social and
economic mobility.
Many local governments do not give adequate attention to or planning
for the local and broader regional economic, environmental, and social
costs of local policies and actions that have the effect of stagnating
or reducing the supply of housing, including affordable and supportive
housing, or how such policies and actions thereby produce threats to the
public health, safety, and general welfare.
Increasing the supply of housing in close proximity to rail stations
is a matter of state concern and critical to promoting housing afforda-
bility, reducing housing insecurity, driving economic growth, encourag-
ing social and economic mobility, and actualizing the goals of the
Climate Leadership and Community Protection Act.
A public policy purpose would be served and the interests of the
people of the state would be advanced by requiring local planning and
zoning changes that will facilitate the production of multifamily hous-
ing in areas near rail stations.
§ 3. The general city law is amended by adding a new section 20-h to
read as follows:
§ 20-H. DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT STATIONS. 1.
DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE DEFINED AS A REQUIRED
MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN-
SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND SHALL NOT BE
INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE-
MENT. PROVIDED FURTHER THAT:
(I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE;
(II) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE;
(III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE;
AND
(IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE.
S. 4006 60 A. 3006
(B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE,
OR ADMINISTRATIVE CHANGE MADE TO A CITY'S LOCAL LAND USE TOOLS PURSUANT
TO SUBDIVISION TWO OF THIS SECTION.
(C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT
BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT
MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A
RESIDENTIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN
BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE
RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER.
(D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES,
MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS.
(E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN-
TIFIED PURSUANT TO THE NEW YORK STATE OR FEDERAL INTERSTATE HIGHWAY
SYSTEM.
(F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY CITY OR COMMON
COUNCIL OR OTHER LEGISLATIVE BODY OF THE CITY, PLANNING BOARD, ZONING
BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN-
DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE,
OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A CITY
WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR
AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN.
(G) "LOCAL LAND USE TOOLS" SHALL BE ADOPTED OR ENACTED UNDER THIS
CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER
LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A
CITY'S:
(I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
(II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
(III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT
ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
(IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
(V) SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGU-
LATIONS; AND/OR
(VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND
USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE
AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE
DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT.
(H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS:
(I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED
BY LAW OR DEPICTED ON ANOTHER MAP ADOPTED OR ENACTED BY THE LOCAL
GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR
RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR
(II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE-
ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
(I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE
BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED
TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED
TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS-
TAL EROSION HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED
FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE-
MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL
BE CONSIDERED NON-BUILDABLE LAND.
(J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE
NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND
ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND
UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
S. 4006 61 A. 3006
OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS.
(K) "PROJECT SPECIFIC REVIEW" SHALL BE DEFINED AS ANY REVIEW OR
APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP-
MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING,
BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW
OR SUBDIVISION REVIEW.
(L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT
CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED
WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED
TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS.
(M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS,
STRUCTURES, LANDMARKS, OR BUILDINGS LISTED ON THE STATE REGISTER OF
HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION.
(N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC-
TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS
THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS,
HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS
DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS
INTENDED TO BE USED ON A SEASONAL BASIS.
(O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT-
ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS
OF THE EFFECTIVE DATE OF THIS SECTION.
(P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" IS THE PROCESS BY
WHICH ALL PROJECT SPECIFIC REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT
ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION
SHALL BE REVIEWED, WHICH SHALL:
(I) BE COMPLETED WITH APPROVAL OR DENIAL DELIVERED TO THE APPLYING
PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED;
AND
(II) BE LIMITED TO A REVIEW OF THE FOLLOWING:
(A) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
(B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
SERVICES TO THE PROPOSED PROJECT; AND
(C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
TIVE STANDARDS ARE PUBLISHED, NO TRANSIT-ORIENTED DEVELOPMENT REVIEW
PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC
REQUIREMENTS SHALL INCREASE THE COST OF A QUALIFYING PROJECT TO MAKE
SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE.
ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED
DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW
REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL
EQUIVALENT LAW, REGULATION OR RULE, INCLUDING, BUT NOT LIMITED TO, IN
THE CITY OF NEW YORK, CITY ENVIRONMENTAL QUALITY REVIEW. PROVIDED
FURTHER THAT NOTHING SET FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO
OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR
FEDERAL LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN.
(Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
S. 4006 62 A. 3006
POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS
LOCATED EITHER WITHIN A CITY WITH A POPULATION OF GREATER THAN ONE
MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF
A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED
ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
(R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS
LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST
BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
RAIL STATION.
(S) "TIER 3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS
LOCATED MORE THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST
BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
RAIL STATION.
(T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS
LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A
POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT
LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
(U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 1 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
S. 4006 63 A. 3006
SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 2 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 3 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 4 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRANS-
IT ORIENTED DEVELOPMENT ZONE, A TIER 2 TRANSIT-ORIENTED DEVELOPMENT
ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT-
ORIENTED DEVELOPMENT ZONE, AS APPLICABLE.
2. AMENDMENT TO LOCAL LAND USE TOOLS. (A) A CITY'S LOCAL LAND USE
TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE-
MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC-
TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS
PERMITTED PURSUANT TO A CITY'S LOCAL LAND USE TOOLS WITHOUT REQUIRING
ANY AMENDMENT.
(B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL BE EXEMPT FROM ANY REVIEW REQUIRED PURSUANT TO ARTICLE
EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU-
LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION,
OR RULE, INCLUDING, BUT NOT LIMITED TO, IN THE CITY OF NEW YORK, CITY
ENVIRONMENTAL QUALITY REVIEW, PROVIDED FURTHER THAT ANY AMENDMENT TO THE
PERMISSIBLE USE OF NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW,
AS APPLICABLE.
(C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION SHALL CREATE OR OTHERWISE IMPOSE ANY UNREASONABLE LAWS, RULES,
REGULATIONS, GUIDELINES OR RESTRICTIONS THAT EFFECTIVELY PREVENT THE
CONSTRUCTION OR OCCUPATION OF QUALIFYING PROJECTS, INCLUDING, BUT NOT
LIMITED TO, ANY SUCH LAWS, RULES, REGULATIONS, GUIDELINES OR
RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR
AREA RATIOS, OR PARKING REQUIREMENTS.
S. 4006 64 A. 3006
(D) PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL SET
FORTH IN WRITING AND PUBLISH:
(I) A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT-
ORIENTED DEVELOPMENT ZONE;
(II) A DESCRIPTION OF THE LAND THAT IS EXEMPT FROM THE AGGREGATE
DENSITY REQUIREMENT;
(III) A DESCRIPTION OF ANY EXEMPT LAND THAT WOULD OTHERWISE BE
INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE;
(IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND USES WITHIN THE
APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT;
(V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH-
IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND-
MENT;
(VI) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF
RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT;
(VII) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF
RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT;
(VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT-
MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN-
TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT;
(IX) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY
CONTEMPLATED BY THE AMENDMENT;
(X) THE EXISTENCE OF SITES CONTAINING OR CONTAMINATED BY HAZARDOUS
WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT;
(XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM-
PLATED BY THE AMENDMENT; AND
(XII) A SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN-
SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR FLOOD
PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET.
(E) IN THE EVENT THAT A CITY FAILS TO FINALIZE THE AMENDMENT PURSUANT
TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS
SUBDIVISION, AND UNTIL SUCH TIME AS A CITY COMPREHENSIVELY UPDATES ITS
LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVI-
SION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL,
OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY:
(I) ALL CITIES SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESI-
DENTIAL DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE
AGGREGATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE;
(II) NO CITY SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT
NOT LIMITED TO, ANY SUCH RESTRICTIONS RELATED TO LOT COVERAGE, OPEN
SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND
(III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE
CLASSIFIED AS A QUALIFYING PROJECT IF A CITY TIMELY ADOPTED AN AMENDMENT
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A
CITY OR LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED DEVELOP-
MENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE VESTED
UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENTLY
ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY TO
THE RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST
WITHOUT THE NEED FOR THE PERMIT HOLDER TO DEMONSTRATE SUBSTANTIAL
EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT
S. 4006 65 A. 3006
PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND
USE TOOLS.
3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT
A CITY FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE
REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION, AND UNTIL SUCH TIME AS A CITY COMPREHENSIVELY UPDATES ITS LOCAL
LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFY-
ING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVELOP-
MENT REVIEW PROCESS.
(B) AFTER THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC
REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSU-
ANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS.
4. ENFORCEMENT. (A) (I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK
MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO COMPEL
A CITY TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIRE-
MENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE CITY FAILS TO
DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN.
(II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD
AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION THREE OF THIS SECTION.
(B) (I) UPON A FAILURE OF A CITY TO COMPLY WITH THE DEADLINES SET
FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S
DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT
IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY
PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL
PROCEEDING AGAINST THE SUBJECT CITY OR LEAD AGENCY EQUIVALENT AND THE
OFFICERS OF SUCH CITY AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT
WITHIN THE JUDICIAL DISTRICT IN WHICH THE CITY OR THE GREATER PORTION OF
THE TERRITORY OF SUCH CITY IS LOCATED TO COMPEL COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION.
(II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE
COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE
MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA-
TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE
FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
BE MADE.
(III) THE CITY OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS
FOR THE DENIAL OF THE APPLICATION AND MUST DEMONSTRATE BY CLEAR AND
CONVINCING EVIDENCE THAT THE CITY OR LEAD AGENCY EQUIVALENT DENIED THE
APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO
THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH THE
REQUIREMENTS OF THIS SECTION. IF THE CITY OR LEAD AGENCY EQUIVALENT
MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO
DEMONSTRATE THAT THE CONCERNS RAISED BY THE CITY OR LEAD AGENCY EQUIV-
ALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED
BY CHANGES TO THE QUALIFYING PROJECT.
(IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY
THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY ALSO REMAND TO THE
CITY OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN APPLI-
S. 4006 66 A. 3006
CATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUDING ON
AN EXPEDITED BASIS.
(V) COSTS SHALL NOT BE ALLOWED AGAINST THE CITY, LEAD AGENCY EQUIV-
ALENT, AND THE OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL
PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE CITY, LEAD
AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLI-
GENCE, IN BAD FAITH, OR WITH MALICE.
§ 4. The town law is amended by adding a new section 261-d to read as
follows:
§ 261-D. DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT STATIONS. 1.
DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE DEFINED AS A REQUIRED
MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN-
SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND SHALL NOT BE
INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE-
MENT. PROVIDED FURTHER THAT:
(I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE;
(II) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE;
(III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE;
AND
(IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE.
(B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE,
OR ADMINISTRATIVE CHANGE MADE TO A TOWN'S LOCAL LAND USE TOOLS PURSUANT
TO SUBDIVISION TWO OF THIS SECTION.
(C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT
BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT
MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A
RESIDENTIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN
BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE
RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER.
(D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES,
MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS.
(E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN-
TIFIED PURSUANT TO THE NEW YORK STATE OR FEDERAL INTERSTATE HIGHWAY
SYSTEM.
(F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY TOWN OR COMMON
COUNCIL OR OTHER LEGISLATIVE BODY OF THE TOWN, PLANNING BOARD, ZONING
BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN-
DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE,
OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A TOWN
WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR
AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN.
(G) "LOCAL LAND USE TOOLS" SHALL BE ADOPTED OR ENACTED UNDER THIS
CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER
LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A
TOWN'S:
(I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
(II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
(III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT
ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
(IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
S. 4006 67 A. 3006
(V) SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGU-
LATIONS; AND/OR
(VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND
USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE
AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE
DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT.
(H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS:
(I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED
BY LAW OR DEPICTED ON ANOTHER MAP ADOPTED OR ENACTED BY THE LOCAL
GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR
RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR
(II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE-
ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
(I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE
BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED
TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED
TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS-
TAL EROSION HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED
FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE-
MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL
BE CONSIDERED NON-BUILDABLE LAND.
(J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE
NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND
ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND
UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS.
(K) "PROJECT SPECIFIC REVIEW" SHALL BE DEFINED AS ANY REVIEW OR
APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP-
MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING,
BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW
OR SUBDIVISION REVIEW.
(L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT
CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED
WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED
TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS.
(M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS,
STRUCTURES, LANDMARKS, OR BUILDINGS LISTED ON THE STATE REGISTER OF
HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION.
(N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC-
TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS
THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS,
HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS
DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS
INTENDED TO BE USED ON A SEASONAL BASIS.
(O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT-
ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS
OF THE EFFECTIVE DATE OF THIS SECTION.
(P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" IS THE PROCESS BY
WHICH ALL PROJECT SPECIFIC REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT
ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION
SHALL BE REVIEWED, WHICH SHALL:
(I) BE COMPLETED WITH APPROVAL OR DENIAL DELIVERED TO THE APPLYING
PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED;
AND
(II) BE LIMITED TO A REVIEW OF THE FOLLOWING:
S. 4006 68 A. 3006
(A) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
(B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
SERVICES TO THE PROPOSED PROJECT; AND
(C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
TIVE STANDARDS ARE PUBLISHED, NO TRANSIT-ORIENTED DEVELOPMENT REVIEW
PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC
REQUIREMENTS SHALL INCREASE THE COST OF A QUALIFYING PROJECT TO MAKE
SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE.
ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED
DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW
REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL
EQUIVALENT LAW, REGULATION OR RULE. PROVIDED FURTHER THAT NOTHING SET
FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE
WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU-
LATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN.
(Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS
LOCATED EITHER WITHIN A TOWN WITH A POPULATION OF GREATER THAN ONE
MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF
A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED
ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
(R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS
LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST
BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
RAIL STATION.
(S) "TIER 3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS
LOCATED MORE THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST
BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
RAIL STATION.
(T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
S. 4006 69 A. 3006
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS
LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A
POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT
LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
(U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 1 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 2 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 3 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 4 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRAN-
SIT-ORIENTED DEVELOPMENT ZONE, A TIER 2 TRANSIT-ORIENTED DEVELOPMENT
S. 4006 70 A. 3006
ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT-
ORIENTED DEVELOPMENT ZONE, AS APPLICABLE.
2. AMENDMENT TO LOCAL LAND USE TOOLS. (A) A TOWN'S LOCAL LAND USE
TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE-
MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC-
TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS
PERMITTED PURSUANT TO A TOWN'S LOCAL LAND USE TOOLS WITHOUT REQUIRING
ANY AMENDMENT.
(B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL BE EXEMPT FROM ANY REVIEW REQUIRED PURSUANT TO ARTICLE
EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU-
LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION,
OR RULE, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE USE OF
NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE.
(C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION SHALL CREATE OR OTHERWISE IMPOSE ANY UNREASONABLE LAWS, RULES,
REGULATIONS, GUIDELINES OR RESTRICTIONS THAT EFFECTIVELY PREVENT THE
CONSTRUCTION OR OCCUPATION OF QUALIFYING PROJECTS, INCLUDING, BUT NOT
LIMITED TO, ANY SUCH LAWS, RULES, REGULATIONS, GUIDELINES OR
RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR
AREA RATIOS, OR PARKING REQUIREMENTS.
(D) PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL SET
FORTH IN WRITING AND PUBLISH:
(I) A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT-
ORIENTED DEVELOPMENT ZONE;
(II) A DESCRIPTION OF THE LAND THAT IS EXEMPT FROM THE AGGREGATE
DENSITY REQUIREMENT;
(III) A DESCRIPTION OF ANY EXEMPT LAND THAT WOULD OTHERWISE BE
INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE;
(IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND USES WITHIN THE
APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT;
(V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH-
IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND-
MENT;
(VI) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF
RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT;
(VII) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF
RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT;
(VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT-
MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN-
TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT;
(IX) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY
CONTEMPLATED BY THE AMENDMENT;
(X) THE EXISTENCE OF SITES CONTAINING OR CONTAMINATED BY HAZARDOUS
WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT;
(XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM-
PLATED BY THE AMENDMENT; AND
(XII) A SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN-
SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR FLOOD
PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET.
(E) IN THE EVENT THAT A TOWN FAILS TO FINALIZE THE AMENDMENT PURSUANT
TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS
S. 4006 71 A. 3006
SUBDIVISION, AND UNTIL SUCH TIME AS A TOWN COMPREHENSIVELY UPDATES ITS
LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVI-
SION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL,
OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY:
(I) ALL TOWNS SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESIDEN-
TIAL DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE AGGRE-
GATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE;
(II) NO TOWN SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT
NOT LIMITED TO, ANY SUCH RESTRICTIONS RELATED TO LOT COVERAGE, OPEN
SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND
(III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE
CLASSIFIED AS A QUALIFYING PROJECT IF A TOWN TIMELY ADOPTED AN AMENDMENT
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A
TOWN OR LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED DEVELOP-
MENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE VESTED
UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENTLY
ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY TO
THE RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST
WITHOUT THE NEED FOR THE PERMIT HOLDER TO DEMONSTRATE SUBSTANTIAL
EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT
PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND
USE TOOLS.
3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT
A TOWN FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE
REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION, AND UNTIL SUCH TIME AS A TOWN COMPREHENSIVELY UPDATES ITS LOCAL
LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFY-
ING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVELOP-
MENT REVIEW PROCESS.
(B) AFTER THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION TWO, ANY PROJECT SPECIFIC REVIEW RELATED TO
A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRAN-
SIT-ORIENTED DEVELOPMENT REVIEW PROCESS.
4. ENFORCEMENT. (A)(I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK
MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO COMPEL
A TOWN TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIRE-
MENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE TOWN FAILS TO
DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN.
(II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD
AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION THREE OF THIS SECTION.
(B) (I) UPON A FAILURE OF A TOWN TO COMPLY WITH THE DEADLINES SET
FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S
DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT
IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY
PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL
PROCEEDING AGAINST THE SUBJECT TOWN OR LEAD AGENCY EQUIVALENT AND THE
OFFICERS OF SUCH TOWN AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT
WITHIN THE JUDICIAL DISTRICT IN WHICH THE TOWN OR THE GREATER PORTION OF
THE TERRITORY OF SUCH TOWN IS LOCATED TO COMPEL COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION.
(II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE
COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE
S. 4006 72 A. 3006
MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA-
TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE
FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
BE MADE.
(III) THE TOWN OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS
FOR THE DENIAL OF THE APPLICATION AND MUST DEMONSTRATE BY CLEAR AND
CONVINCING EVIDENCE THAT THE TOWN OR LEAD AGENCY EQUIVALENT DENIED THE
APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO
THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH THE
REQUIREMENTS OF THIS SECTION. IF THE TOWN OR LEAD AGENCY EQUIVALENT
MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO
DEMONSTRATE THAT THE CONCERNS RAISED BY THE TOWN OR LEAD AGENCY EQUIV-
ALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED
BY CHANGES TO THE QUALIFYING PROJECT.
(IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY
THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY ALSO REMAND TO THE
TOWN OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN APPLI-
CATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUDING ON
AN EXPEDITED BASIS.
(V) COSTS SHALL NOT BE ALLOWED AGAINST THE TOWN, LEAD AGENCY EQUIV-
ALENT, AND THE OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE TO THE
SPECIAL PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE TOWN,
LEAD AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS
NEGLIGENCE, IN BAD FAITH, OR WITH MALICE.
§ 5. The village law is amended by adding a new section 7-700-a to
read as follows:
§ 7-700-A DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT STATIONS. 1.
DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE DEFINED AS A REQUIRED
MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN-
SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND SHALL NOT BE
INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE-
MENT. PROVIDED FURTHER THAT:
(I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE;
(II) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE;
(III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE;
AND
(IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE.
(B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE,
OR ADMINISTRATIVE CHANGE MADE TO A VILLAGE'S LOCAL LAND USE TOOLS PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION.
(C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT
BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT
MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A
RESIDENTIAL HOUSING PROJECT AND STILL REALIZE A REASONABLE RETURN IN
BUILDING OR OPERATING SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE
RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER.
S. 4006 73 A. 3006
(D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES,
MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS.
(E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN-
TIFIED PURSUANT TO THE NEW YORK STATE OR FEDERAL INTERSTATE HIGHWAY
SYSTEM.
(F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY VILLAGE OR COMMON
COUNCIL OR OTHER LEGISLATIVE BODY OF THE VILLAGE, PLANNING BOARD, ZONING
BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN-
DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE,
OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A
VILLAGE WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC
PROJECT OR AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN.
(G) "LOCAL LAND USE TOOLS" SHALL BE ADOPTED OR ENACTED UNDER THIS
CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER
LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A
VILLAGE'S:
(I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
(II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
(III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT
ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
(IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
(V) SITE PLAN REVIEW ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGU-
LATIONS; AND/OR
(VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND
USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE
AND OCCUPANCY OF LAND, THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE
DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT.
(H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS:
(I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED
BY LAW OR DEPICTED ON ANOTHER MAP ADOPTED OR ENACTED BY THE LOCAL
GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR
RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR
(II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE-
ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
(I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE
BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED
TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED
TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS-
TAL EROSIONS HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED
FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE-
MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL
BE CONSIDERED NON-BUILDABLE LAND.
(J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE
NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND
ARE UNIFORMLY VERIFIABLE BY REFERENCE TO A PUBLICLY AVAILABLE AND
UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS.
(K) "PROJECT SPECIFIC REVIEW" SHALL BE DEFINED AS ANY REVIEW OR
APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP-
MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING,
BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW
OR SUBDIVISION REVIEW.
(L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT
CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED
S. 4006 74 A. 3006
WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED
TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS.
(M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS,
STRUCTURES, LANDMARKS, OR BUILDINGS LISTED ON THE STATE REGISTER OF
HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION.
(N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC-
TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS
THE HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS,
HOWEVER THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS
DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS
INTENDED TO BE USED ON A SEASONAL BASIS.
(O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT-
ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS
OF THE EFFECTIVE DATE OF THIS SECTION.
(P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" IS THE PROCESS BY
WHICH ALL PROJECT SPECIFIC REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT
ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION
SHALL BE REVIEWED, WHICH SHALL:
(I) BE COMPLETED WITH APPROVAL OR DENIAL DELIVERED TO THE APPLYING
PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED;
AND
(II) BE LIMITED TO A REVIEW OF THE FOLLOWING:
(A) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
(B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
SERVICES TO THE PROPOSED PROJECT; AND
(C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
TIVE STANDARDS ARE PUBLISHED, NO TRANSIT-ORIENTED DEVELOPMENT REVIEW
PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC
REQUIREMENTS SHALL INCREASE THE COST OF A QUALIFYING PROJECT TO MAKE
SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE.
ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED
DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW
REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
LAW AND ANY RULES AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL
EQUIVALENT LAW, REGULATION OR RULE. PROVIDED FURTHER THAT NOTHING SET
FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE
WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU-
LATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN.
(Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS
LOCATED EITHER WITHIN A VILLAGE WITH A POPULATION OF GREATER THAN ONE
MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF
A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED
ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
(R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
S. 4006 75 A. 3006
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS
LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST
BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
RAIL STATION.
(S) "TIER 3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF SUCH STATION IS
LOCATED MORE THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST
BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
RAIL STATION.
(T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
ROAD, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE NEW JERSEY
TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
POLITAN TRANSPORTATION AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS
LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY WITH A
POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT
LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
(U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 1 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 2 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
S. 4006 76 A. 3006
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 3 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4 QUALIFYING TRANSIT STATION,
PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
SECTION. PROVIDED FURTHER THAT ANY TIER 4 QUALIFYING TRANSIT STATION
SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP-
MENT ZONE.
(Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRAN-
SIT-ORIENTED DEVELOPMENT ZONE, A TIER 2 TRANSIT-ORIENTED DEVELOPMENT
ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT-
ORIENTED DEVELOPMENT ZONE, AS APPLICABLE.
2. AMENDMENT TO LOCAL LAND USE TOOLS. (A) A VILLAGE'S LOCAL LAND USE
TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE-
MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC-
TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS
PERMITTED PURSUANT TO A VILLAGE'S LOCAL LAND USE TOOLS WITHOUT REQUIRING
ANY AMENDMENT.
(B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL BE EXEMPT FROM ANY REVIEW REQUIRED PURSUANT TO ARTICLE
EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES AND REGU-
LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION,
OR RULE, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE USE OF
NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE.
(C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION SHALL CREATE OR OTHERWISE IMPOSE ANY UNREASONABLE LAWS, RULES,
REGULATIONS, GUIDELINES OR RESTRICTIONS THAT EFFECTIVELY PREVENT THE
CONSTRUCTION OR OCCUPATION OF QUALIFYING PROJECTS, INCLUDING, BUT NOT
LIMITED TO, ANY SUCH LAWS, RULES, REGULATIONS, GUIDELINES OR
RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR
AREA RATIOS, OR PARKING REQUIREMENTS.
(D) PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL SET
FORTH IN WRITING AND PUBLISH:
(I) A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT-
ORIENTED DEVELOPMENT ZONE;
(II) A DESCRIPTION OF THE LAND THAT IS EXEMPT FROM THE AGGREGATE
DENSITY REQUIREMENT;
(III) A DESCRIPTION OF ANY EXEMPT LAND THAT WOULD OTHERWISE BE
INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE;
(IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND USES WITHIN THE
APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT;
(V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH-
IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND-
MENT;
S. 4006 77 A. 3006
(VI) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF
RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT;
(VII) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
DENSITY WITHIN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE, OF
RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT;
(VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT-
MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN-
TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT;
(IX) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY
CONTEMPLATED BY THE AMENDMENT;
(X) THE EXISTENCE OF SITES CONTAINING OR CONTAMINATED BY HAZARDOUS
WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT;
(XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM-
PLATED BY THE AMENDMENT; AND
(XII) A SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN-
SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR FLOOD
PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET.
(E) IN THE EVENT THAT A VILLAGE FAILS TO FINALIZE THE AMENDMENT PURSU-
ANT TO AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS
SUBDIVISION, AND UNTIL SUCH TIME AS A VILLAGE COMPREHENSIVELY UPDATES
ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDI-
VISION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL,
LOCAL, OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY:
(I) ALL VILLAGES SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESI-
DENTIAL DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE
AGGREGATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE;
(II) NO VILLAGE SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT
NOT LIMITED TO, ANY SUCH RESTRICTIONS RELATED TO LOT COVERAGE, OPEN
SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND
(III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE
CLASSIFIED AS A QUALIFYING PROJECT IF A VILLAGE TIMELY ADOPTED AN AMEND-
MENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED
BY A VILLAGE OR LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED
DEVELOPMENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE
VESTED UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENT-
LY ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY
TO THE RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST
WITHOUT THE NEED FOR THE PERMIT HOLDER TO DEMONSTRATE SUBSTANTIAL
EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT
PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND
USE TOOLS.
3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT
A VILLAGE FAILS TO FINALIZE THE AMENDMENT PURSUANT TO AND WITHIN THE
REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION, AND UNTIL SUCH TIME AS A VILLAGE COMPREHENSIVELY UPDATES ITS
LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO
OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUAL-
IFYING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVEL-
OPMENT REVIEW PROCESS.
(B) AFTER THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC
REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSU-
ANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS.
S. 4006 78 A. 3006
4. ENFORCEMENT. (A)(I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK
MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO COMPEL
A VILLAGE TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE
REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE VILLAGE
FAILS TO DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN.
(II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD
AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION THREE OF THIS SECTION.
(B)(I) UPON A FAILURE OF A VILLAGE TO COMPLY WITH THE DEADLINES SET
FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S
DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT
IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY
PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL
PROCEEDING AGAINST THE SUBJECT VILLAGE OR LEAD AGENCY EQUIVALENT AND THE
OFFICERS OF SUCH VILLAGE AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT
WITHIN THE JUDICIAL DISTRICT IN WHICH THE VILLAGE OR THE GREATER PORTION
OF THE TERRITORY OF SUCH VILLAGE IS LOCATED TO COMPEL COMPLIANCE WITH
THE PROVISIONS OF THIS SECTION.
(II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE
COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE
MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA-
TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE
FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
BE MADE.
(III) THE VILLAGE OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS
FOR THE DENIAL OF THE APPLICATION AND MUST DEMONSTRATE BY CLEAR AND
CONVINCING EVIDENCE THAT THE VILLAGE OR LEAD AGENCY EQUIVALENT DENIED
THE APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT
TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH
THE REQUIREMENTS OF THIS SECTION. IF THE VILLAGE OR LEAD AGENCY EQUIV-
ALENT MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO
DEMONSTRATE THAT THE CONCERNS RAISED BY THE VILLAGE OR LEAD AGENCY
EQUIVALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR
MITIGATED BY CHANGES TO THE QUALIFYING PROJECT.
(IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY
THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY ALSO REMAND TO THE
VILLAGE OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN
APPLICATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUD-
ING ON AN EXPEDITED BASIS.
(V) COSTS SHALL NOT BE ALLOWED AGAINST THE VILLAGE, LEAD AGENCY EQUIV-
ALENT, AND THE OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL
PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE VILLAGE, LEAD
AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLI-
GENCE, IN BAD FAITH, OR WITH MALICE.
§ 6. This act shall take effect immediately.
PART H
Section 1. The public housing law is amended by adding a new section
20-a to read as follows:
§ 20-A. HOUSING PRODUCTION REPORTING. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
S. 4006 79 A. 3006
(A) "LOCAL BOARD" MEANS ANY CITY, TOWN, OR VILLAGE BOARD, COMMISSION,
OFFICER OR OTHER AGENCY OR OFFICE HAVING SUPERVISION OF THE CONSTRUCTION
OF BUILDINGS OR THE POWER OF ENFORCING MUNICIPAL BUILDING LAWS.
(B) "HOUSING SITE" MEANS THE SITE OF PLANNED CONSTRUCTION, CONVERSION,
ALTERATION, DEMOLITION, OR CONSOLIDATION OF ONE OR MORE RESIDENTIAL
BUILDINGS.
(C) "DWELLING UNIT" MEANS A DWELLING WITHIN A RESIDENTIAL BUILDING
WHICH IS EITHER SOLD, RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED,
OR IS OCCUPIED AS THE RESIDENCE OR HOME OF ONE OR MORE INDIVIDUALS THAT
IS INDEPENDENT OF OTHER DWELLINGS WITHIN SUCH RESIDENTIAL BUILDING.
2. THE COMMISSIONER SHALL REQUIRE EACH LOCAL BOARD TO SUBMIT TO THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL ANNUALLY, IN THE MANNER AND
FORMAT TO BE DIRECTED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
THE FOLLOWING INFORMATION REGARDING NEW CONSTRUCTION, CONVERSION, ALTER-
ATION, DEMOLITION, OR CONSOLIDATION OF A HOUSING SITE WITHIN THE JURIS-
DICTION OF SUCH LOCAL BOARD THAT IS REQUIRED TO BE REPORTED TO SUCH
LOCAL BOARD:
(A) THE ADDRESS OF SUCH HOUSING SITE;
(B) THE BLOCK AND/OR LOT NUMBER OF SUCH HOUSING SITE;
(C) THE TOTAL NUMBER OF DWELLING UNITS IN SUCH HOUSING SITE;
(D) THE BUILDING TYPE, ANY RELEVANT DATES OF APPROVAL, PERMITS, AND
COMPLETIONS ASSOCIATED WITH SUCH HOUSING SITE;
(E) ANY ASSOCIATED GOVERNMENTAL SUBSIDIES OR PROGRAM FUNDS BEING ALLO-
CATED TO SUCH HOUSING SITE THAT SUCH LOCAL BOARD IS AWARE OF;
(F) THE SPECIFIC DETAILS OF SUCH CONSTRUCTION, CONVERSION, ALTERATION,
DEMOLITION, OR CONSOLIDATION OF SUCH HOUSING SITE;
(G) ANY PERMITS REQUESTED TO BUILD DWELLING UNITS, AND THE STATUS OF
SUCH REQUESTS AS OF THE DATE OF THE REPORT; AND
(H) THE TOTAL NUMBER OF DWELLING UNITS WITHIN THE JURISDICTION OF THE
LOCAL BOARD AS OF THE DATE OF THE REPORT.
3. BEGINNING ON THE THIRTY-FIRST OF JANUARY NEXT SUCCEEDING THE EFFEC-
TIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, THE COMMISSIONER
SHALL REQUIRE EACH LOCAL BOARD TO SUBMIT TO THE COMMISSIONER, IN A
MANNER AND FORMAT TO BE DETERMINED BY THE COMMISSIONER, A DIGITAL FILE
CONTAINING A ZONING MAP OR MAPS OF SUCH LOCAL BOARD'S JURISDICTION THAT
CONTAINS THE FOLLOWING INFORMATION FOR THE PRIOR YEAR:
(A) THE GEOGRAPHIC EXTENTS OF AREAS WHERE RESIDENTIAL HOUSING, COMMER-
CIAL, INDUSTRIAL, OR OTHER DEVELOPMENTS ARE OR ARE NOT PERMITTED;
(B) IN AREAS ZONED FOR RESIDENTIAL BUILDINGS, WHERE RESIDENTIAL BUILD-
INGS CONTAINING TWO, THREE, AND FOUR OR MORE DWELLING UNITS ARE ALLOWED
PER LOT;
(C) ANY MINIMUM LOT SIZE REQUIREMENTS FOR RESIDENTIAL BUILDINGS;
(D) ANY MINIMUM SIZE REQUIREMENTS FOR INDIVIDUAL DWELLING UNITS;
(E) ANY PARKING REQUIREMENTS FOR RESIDENTIAL BUILDINGS;
(F) ANY SETBACK OR LOT COVERAGE REQUIREMENTS FOR RESIDENTIAL BUILD-
INGS;
(G) DESIGNATION OF WHETHER EACH ZONING APPROVAL GRANTED BY SUCH LOCAL
BOARD WAS AS-OF-RIGHT OR DISCRETIONARY;
(H) THE GEOGRAPHIC BOUNDS OF ANY AREAS WHICH HAVE BEEN AMENDED SINCE
SUCH LOCAL BOARD'S PREVIOUS SUBMISSION PURSUANT TO THIS SUBDIVISION;
(I) ANY FLOOR AREA RATIO RESTRICTIONS FOR RESIDENTIAL BUILDINGS;
(J) IN AREAS WHERE RESIDENTIAL DEVELOPMENT IS NOT PERMITTED, THE
REASONS SUCH DEVELOPMENT IS NOT PERMITTED; AND
(K) ANY OTHER INFORMATION DEEMED RELEVANT BY THE COMMISSIONER.
4. THE COMMISSIONER MAY MAKE THE INFORMATION SUBMITTED PURSUANT TO
SUBDIVISIONS TWO AND THREE OF THIS SECTION PUBLICLY AVAILABLE ON THE
S. 4006 80 A. 3006
DIVISION OF HOUSING AND COMMUNITY RENEWAL'S WEBSITE, UPDATED ANNUALLY TO
REFLECT THE MOST RECENT SUBMISSIONS.
§ 2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART I
Section 1. Paragraph (b) of subdivision 1 of section 1971 of the real
property actions and proceedings law, as amended by chapter 529 of the
laws of 2008, is amended to read as follows:
(b) In the case of a vacant dwelling, it is not sealed or continuously
guarded, IN THAT ADMITTANCE TO THE PROPERTY MAY BE GAINED WITHOUT DAMAG-
ING ANY PORTION OF THE PROPERTY, as required by law or it was sealed or
is continuously guarded by a person other than the owner, a mortgagee,
lienor or agent thereof, and [either] ANY of the following facts exists:
(i) A vacate order of the department or other governmental agency
currently prohibits occupancy of the dwelling; or
(ii) The tax on such premises has been due and unpaid for a period of
at least one year; or
(III) THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY MAINTENANCE
CODE VIOLATION WHICH HAS THE POTENTIAL TO INJURE, ENDANGER OR UNREASON-
ABLY ANNOY THE HEALTH AND SAFETY OF OTHERS THAT HAS BEEN CONTINUOUSLY
OUTSTANDING AND NOT REMEDIED FOR A PERIOD OF AT LEAST ONE YEAR FROM THE
DATE THE ORIGINAL NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY OWNER
PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE CIVIL
PRACTICE LAW AND RULES IF THE OWNER IS A NATURAL PERSON, OR PURSUANT TO
SECTION THREE HUNDRED TEN, THREE HUNDRED TEN-A, THREE HUNDRED ELEVEN OR
THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER
IS A PARTNERSHIP, LIMITED PARTNERSHIP, CORPORATION OR LIMITED LIABILITY
COMPANY, RESPECTIVELY; OR
§ 2. This act shall take effect immediately.
PART J
Section 1. Subdivision 11 of section 3 of the multiple dwelling law,
as amended by chapter 806 of the laws of 1972, is amended to read as
follows:
11. Notwithstanding any other provision of this section, the following
enumerated articles, sections and subdivisions of sections of this chap-
ter shall not apply to the construction or alteration of multiple dwell-
ings for which an application for a permit is made to the department
after December sixth, nineteen hundred sixty-nine in a city having a
population of one million or more [which adopts or has adopted local
laws, ordinances, resolutions or regulations providing protection from
fire hazards and making provision for escape from fire in the
construction and alteration of multiple dwellings and in other respects
as protective as local law seventy-six of the laws of the city of New
York for nineteen hundred sixty-eight and covering the same subject
matter as the following]: subdivisions twenty-five, twenty-seven, twen-
ty-eight, thirty-five-c, thirty-six and thirty-nine of section four,
subdivision three of section twenty-eight, sections thirty-six, thirty-
seven, fifty, fifty-one, fifty-two, fifty-three, fifty-five, sixty,
sixty-one, sixty-seven, subdivisions one, two, four and five of section
S. 4006 81 A. 3006
seventy-five, article four, article five, article five-A[,] AND article
six [and article seven-B]; except that after December sixth, nineteen
hundred sixty-nine where a multiple dwelling erected prior to December
sixth, nineteen hundred sixty-nine is altered, or a building erected
prior to December sixth, nineteen hundred sixty-nine is converted to a
multiple dwelling pursuant to a permit applied for to the department
having jurisdiction, the foregoing articles, sections and subdivisions
of sections shall remain applicable where a local law of such city
authorizes such alteration or conversion to be made, at the option of
the owner, either in accordance with the requirements of the building
law and regulations in effect in such city prior to December sixth,
nineteen hundred sixty-eight or the requirements of the building law and
regulations in effect after such date, and the owner elects to comply
with the requirements of the building law and regulations in effect
prior to December sixth, nineteen hundred sixty-eight.
§ 2. Section 275 of the multiple dwelling law, as added by chapter 734
of the laws of 1985, is amended to read as follows:
§ 275. Legislative findings. It is hereby declared and found that in
cities with a population in excess of one million, large numbers of
loft, manufacturing, commercial, institutional, public and community
facility buildings have lost, and continue to lose, their tenants to
more modern premises; and that the untenanted portions of such buildings
constitute a potential housing stock within such cities which is capa-
ble, when appropriately altered, of accommodating general residential
use, thereby contributing to an alleviation of the housing shortage most
severely affecting moderate and middle income families, and of accommo-
dating joint living-work quarters for artists by making readily avail-
able space which is physically and economically suitable for use by
persons regularly engaged in the arts.
There is a public purpose to be served by making accommodations readi-
ly available for joint living-work quarters for artists for the follow-
ing reasons: persons regularly engaged in the arts require larger
amounts of space for the pursuit of their artistic endeavors and for the
storage of the materials therefor and of the products thereof than are
regularly to be found in dwellings subject to this article; that the
financial remunerations to be obtained from pursuit of a career in the
arts are generally small; that as a result of such limited financial
remuneration persons regularly engaged in the arts generally find it
financially impossible to maintain quarters for the pursuit of their
artistic endeavors separate and apart from their places of residence;
that the cultural life of cities of more than one million persons within
this state and of the state as a whole is enhanced by the residence in
such cities of large numbers of persons regularly engaged in the arts;
that the high cost of land within such cities makes it particularly
difficult for persons regularly engaged in the arts to obtain the use of
the amounts of space required for their work as aforesaid; and that the
residential use of the space is secondary or accessory to the primary
use as a place of work.
It is further declared that the legislation governing the alteration
of such buildings to accommodate general residential use must of neces-
sity be more restrictive than statutes heretofore in effect, which
affected only joint living-work quarters for artists.
It is the intention of this legislation to promulgate statewide mini-
mum standards for all alterations of non-residential buildings to resi-
dential use, but the legislature is cognizant that the use of such
buildings for residential purposes must be consistent with local zoning
S. 4006 82 A. 3006
ordinances. The legislature further recognizes that it is the role of
localities to adopt regulations which will define in further detail the
manner in which alterations should be carried out where building types
and conditions are peculiar to their local environment. IT IS HEREBY
ADDITIONALLY DECLARED AND FOUND THAT IN CITIES WITH A POPULATION IN
EXCESS OF ONE MILLION, LARGE NUMBERS OF COMMERCIAL BUILDINGS HAVE LOST,
AND CONTINUE TO LOSE, THEIR TENANTS TO MORE MODERN PREMISES AND TO THE
CHANGING NATURE OF REMOTE OFFICE WORK IN THE WAKE OF THE COVID-19
PANDEMIC; AND THAT THE UNTENANTED PORTIONS OF SUCH BUILDINGS CONSTITUTE
A POTENTIAL HOUSING STOCK WITHIN SUCH CITIES WHICH IS CAPABLE, WHEN
APPROPRIATELY ALTERED, OF ACCOMMODATING GENERAL RESIDENTIAL USE, THEREBY
CONTRIBUTING TO AN ALLEVIATION OF THE HOUSING SHORTAGE.
§ 3. Section 276 of the multiple dwelling law, as amended by chapter
420 of the laws of 2022, is amended to read as follows:
§ 276. [Definition of an artist] DEFINITIONS. As used in this article,
the FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. THE word "artist" means a person who is regularly engaged in the
fine arts, such as painting and sculpture or in the performing or crea-
tive arts, including choreography and filmmaking, or in the composition
of music on a professional basis, and is so certified by the city
department of cultural affairs and/or state council on the arts. For
joint living-work quarters for artists limited to artists' occupancy by
local zoning resolution, any permanent occupant whose residence therein
began on or before December fifteenth, two thousand twenty-one shall be
deemed to meet such occupancy requirements under the same rights as an
artist so certified in accordance with applicable law.
2. THE TERM "GENERAL RESIDENTIAL PURPOSES" MEANS USE OF A BUILDING AS
A CLASS A MULTIPLE DWELLING, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE A
ROOMING UNIT AS DEFINED IN SECTION 27-2004 OF THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK OTHER THAN A ROOMING UNIT IN A CLASS A OR CLASS B
MULTIPLE DWELLING THAT IS AUTHORIZED PURSUANT TO SECTION 27-2077 OF SUCH
ADMINISTRATIVE CODE.
§ 4. The multiple dwelling law is amended by adding a new section 279
to read as follows:
§ 279. OCCUPANCY OF COMMERCIAL BUILDINGS. 1. ANY BUILDING IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE PERSONS WHICH WAS OCCUPIED FOR
LOFT, COMMERCIAL, INSTITUTIONAL, PUBLIC, COMMUNITY FACILITY OR MANUFAC-
TURING PURPOSES AT ANY TIME PRIOR TO DECEMBER THIRTY-FIRST, NINETEEN
HUNDRED NINETY, MAY BE OCCUPIED, IN WHOLE OR IN PART, FOR GENERAL RESI-
DENTIAL PURPOSES IF SUCH OCCUPANCY IS IN COMPLIANCE WITH THIS ARTICLE,
NOTWITHSTANDING ANY OTHER ARTICLE OF THIS CHAPTER, OR ANY PROVISION OF
LAW COVERING THE SAME SUBJECT MATTER, EXCEPT AS OTHERWISE REQUIRED BY
THE ZONING RESOLUTION OF SUCH CITY.
2. OCCUPANCY PURSUANT TO THIS SECTION SHALL BE PERMITTED ONLY IF THE
CONDITIONS IN SUBDIVISIONS ONE THROUGH SIXTEEN OF SECTION TWO HUNDRED
SEVENTY-SEVEN OF THIS ARTICLE ARE COMPLIED WITH, EXCEPT THAT THE CONVER-
SION SHALL NOT BE REQUIRED TO INCLUDE JOINT LIVING-WORK QUARTERS FOR
ARTISTS, AND PROVIDED FURTHER THAT CONVERSIONS UNDERTAKEN PURSUANT TO
THIS SECTION SHALL NOT BE SUBJECT TO SUBDIVISION THREE OF SECTION TWEN-
TY-SIX OF THIS CHAPTER.
3. NOTWITHSTANDING ANY STATE OR LOCAL LAW, RULE, OR REGULATION,
INCLUDING ANY OTHER PROVISION OF THIS SECTION OR ARTICLE TO THE CONTRA-
RY, THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY BUILDING LOCATED
IN A DISTRICT THAT OTHERWISE WOULD HAVE BEEN SUBJECT TO THE PROVISIONS
OF SECTION 15-01 OF THE ZONING RESOLUTION OF A CITY WITH A POPULATION OF
ONE MILLION OR MORE PERSONS.
S. 4006 83 A. 3006
§ 5. An application for conversion of a building pursuant to the
provisions of this act, which application for a permit containing
complete plans and specifications is filed prior to December 31, 2030,
shall be permitted to proceed as if subdivision 3 of section 279 of the
multiple dwelling law, as added by section four of this act, remained in
effect, so long as construction of such project begins within the earli-
er to occur of three years from December 31, 2030 or such time which the
permit otherwise expires.
§ 6. This act shall take effect immediately; provided, however, that
subdivision 3 of section 279 of the multiple dwelling law as added by
section four of this act shall expire and be deemed repealed on December
31, 2030; provided further, however, that the repeal of subdivision 3 of
section 279 of the multiple dwelling law as added by section four of
this act shall not affect the use of any building for general residen-
tial purposes, as such term is defined in article 7-B of the multiple
dwelling law, permitted prior to such repeal.
PART K
Section 1. The multiple dwelling law is amended by adding a new arti-
cle 7-D to read as follows:
ARTICLE 7-D
LEGALIZATION AND CONVERSION OF BASEMENT DWELLING UNITS
SECTION 288. DEFINITIONS.
289. BASEMENT LOCAL LAWS AND REGULATIONS.
290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS.
§ 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW-
FULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE;
2. THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT
A WRITTEN AGREEMENT; AND
3. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
DWELLING UNIT IS RENTED.
§ 289. BASEMENT LOCAL LAWS AND REGULATIONS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE BODY MAY, BY
LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, PROVIDED THAT HEALTH AND
SAFETY ARE PROTECTED, (A) THE LEGALIZATION OF SPECIFIED INHABITED BASE-
MENT DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS
ARTICLE THROUGH CONVERSION TO LEGAL DWELLING UNITS, OR (B) THE CONVER-
SION OF OTHER SPECIFIED BASEMENT DWELLING UNITS IN EXISTENCE PRIOR TO
THE EFFECTIVE DATE OF THIS ARTICLE TO LEGAL DWELLING UNITS. THE LOCAL
LAW AUTHORIZED BY THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED
THEREUNDER, SHALL NOT BE SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING
ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRON-
MENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED
THEREUNDER.
2. THE PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO AN OWNER
WHO CONVERTS AN INHABITED BASEMENT DWELLING UNIT IN ACCORDANCE WITH A
LOCAL LAW AUTHORIZED BY THIS ARTICLE OR WHO OTHERWISE ABATES THE ILLEGAL
OCCUPANCY OF A BASEMENT DWELLING UNIT, (A) FREEDOM FROM ANY CIVIL OR
ADMINISTRATIVE LIABILITY, CITATIONS, FINES, PENALTIES, JUDGMENTS OR ANY
OTHER DETERMINATIONS OF OR PROSECUTION FOR CIVIL VIOLATIONS OF THIS
CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND THE ZONING RESOL-
S. 4006 84 A. 3006
UTION OF SUCH CITY, AND (B) RELIEF FROM ANY OUTSTANDING CIVIL JUDGMENTS
ISSUED IN CONNECTION WITH ANY SUCH VIOLATION OF SUCH LAWS, RULES OR
ZONING RESOLUTION ISSUED BEFORE THE EFFECTIVE DATE OF THIS ARTICLE.
PROVIDED THAT SUCH LOCAL LAW SHALL REQUIRE THAT ALL APPLICATIONS FOR
CONVERSIONS BE FILED BY A DATE CERTAIN SUBSEQUENT TO THE EFFECTIVE DATE
OF THIS ARTICLE, PROVIDED FURTHER THAT SUCH DATE SHALL NOT EXCEED FIVE
YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF THIS CHAPTER OR
LOCAL LAW, RULE OR REGULATION, SHALL NOT BE APPLICABLE TO PROVIDE FOR
THE ALTERATIONS NECESSARY FOR THE CONVERSION OF A SPECIFIED INHABITED
BASEMENT DWELLING UNIT OR OTHER SPECIFIED BASEMENT DWELLING UNIT IN
EXISTENCE PRIOR TO THE EFFECTIVE DATE INTO A LAWFUL DWELLING UNIT. ANY
AMENDMENT OF THE ZONING RESOLUTION NECESSARY TO ENACT SUCH PROGRAM SHALL
BE SUBJECT TO A PUBLIC HEARING AT THE PLANNING COMMISSION OF SUCH LOCAL-
ITY, AND APPROVAL BY SUCH COMMISSION AND THE LEGISLATIVE BODY OF SUCH
LOCAL GOVERNMENT, PROVIDED, HOWEVER, THAT IT SHALL NOT REQUIRE ENVIRON-
MENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO
ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND
LOCAL REGULATIONS PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE
REVIEW.
§ 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS. 1.
THE PROGRAM AUTHORIZED BY THIS ARTICLE SHALL REQUIRE AN APPLICATION TO
MAKE ALTERATIONS TO LEGALIZE AN INHABITED BASEMENT DWELLING UNIT BE
ACCOMPANIED BY A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED
TO A TENANT ON THE EFFECTIVE DATE OF THIS ARTICLE, NOTWITHSTANDING
WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT
USE SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE-
GAL OCCUPANCY OF SUCH UNIT, PROVIDED THAT NOTHING CONTAINED IN THIS
ARTICLE SHALL BE CONSTRUED TO LIMIT SUCH CITY FROM ISSUING A VACATE
ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS.
2. THE LOCAL LAW AUTHORIZED BY THIS ARTICLE SHALL PROVIDE THAT A
TENANT IN OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE,
WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS A RESULT OF AN
ALTERATION NECESSARY TO BRING AN INHABITED BASEMENT DWELLING UNIT INTO
COMPLIANCE WITH THE STANDARDS ESTABLISHED BY THE LOCAL LAW AUTHORIZED BY
THIS ARTICLE, SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO SUCH UNIT
AS A TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT,
NOTWITHSTANDING WHETHER THE OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE
OF THIS ARTICLE WAS AUTHORIZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW
TO DETERMINE PRIORITY WHEN MULTIPLE TENANTS MAY CLAIM SUCH RIGHT.
3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO A
LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY
THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT
JURISDICTION FOR COMPENSATORY DAMAGES OR DECLARATORY AND INJUNCTIVE
RELIEF AS THE COURT DEEMS NECESSARY IN THE INTERESTS OF JUSTICE,
PROVIDED THAT SUCH COMPENSATORY RELIEF SHALL NOT EXCEED THE ANNUAL
RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT.
§ 2. Subdivision 1 of section 472 of the private housing finance law,
as amended by chapter 479 of the laws of 2005, is amended to read as
follows:
1. Notwithstanding the provisions of any general, special or local
law, a municipality, acting through an agency, is authorized: (A) to
make, or contract to make, loans to low and moderate income owner-occu-
pants of one to four unit existing private or multiple dwellings within
its territorial limits, subject to the limitation of subdivisions two
through seven of this section, in such amounts as shall be required for
S. 4006 85 A. 3006
the rehabilitation of such dwellings, provided, however, that such loans
shall not exceed sixty thousand dollars per dwelling unit, EXCEPT THAT
THE LIMITATION ON THE MAXIMUM AMOUNT OF A LOAN, AS DESCRIBED IN THIS
PARAGRAPH, SHALL NOT APPLY TO ANY SUCH LOAN FOR, IN WHOLE OR IN PART,
REHABILITATION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR OTHER
SPECIFIED BASEMENT DWELLING UNIT FOR WHICH SUCH OWNER HAS SOUGHT A
PERMIT PURSUANT TO THE LOCAL LAW AUTHORIZED PURSUANT TO SECTION TWO
HUNDRED EIGHTY-NINE OF THE MULTIPLE DWELLING LAW. Such loans may also
include the refinancing of the outstanding indebtedness of such dwell-
ings, and the municipality may make temporary loans or advances to such
owner-occupants in anticipation of permanent loans for such purposes;
AND
(B) TO MAKE OR CONTRACT TO MAKE GRANTS TO ANY OWNER DESCRIBED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, ON THE SAME TERMS AS PERMITTED UNDER SUCH
PARAGRAPH FOR A LOAN.
§ 3. Section 472 of the private housing finance law is amended by
adding a new subdivision 1-a to read as follows:
1-A. AS USED IN THIS ARTICLE, THE TERM "LOAN" SHALL INCLUDE ANY GRANT
MADE BY A MUNICIPALITY PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT
PROVISIONS OF THIS ARTICLE CONCERNING THE REPAYMENT OR FORGIVENESS OF,
OR SECURITY FOR, A LOAN SHALL NOT APPLY TO ANY GRANT MADE PURSUANT TO
THIS ARTICLE.
§ 4. Subdivision 2 of section 473 of the private housing finance law,
as added by chapter 786 of the laws of 1987, is amended to read as
follows:
2. A municipality shall neither make nor participate in a loan to an
owner-occupant of an existing private or multiple dwelling pursuant to
this article unless the agency finds that the area in which such dwell-
ing is situated is a blighted, deteriorated or deteriorating area or has
a blighting influence on the surrounding area, or is in danger of becom-
ing a slum or a blighted area because of the existence of substandard,
unsanitary, deteriorating or deteriorated conditions, an aged housing
stock, or other factors indicating an inability of the private sector to
cause such rehabilitation to be made, EXCEPT THAT ANY SUCH FINDING SHALL
NOT BE REQUIRED FOR ANY SUCH LOAN FOR, IN WHOLE OR IN PART, REHABILI-
TATION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR OTHER SPECI-
FIED BASEMENT DWELLING UNIT FOR WHICH SUCH OWNER HAS SOUGHT A PERMIT
PURSUANT TO THE LOCAL LAW AUTHORIZED PURSUANT TO SECTION TWO HUNDRED
EIGHTY-NINE OF THE MULTIPLE DWELLING LAW.
§ 5. This act shall take effect immediately.
PART L
Section 1. Subdivision 3 of section 26 of the multiple dwelling law,
as amended by chapter 748 of the laws of 1961, is amended to read as
follows:
3. Floor area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN AND
DETERMINED UNDER A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY WITH A
POPULATION OF ONE MILLION OR MORE, OR AFTER CONSULTATION WITH LOCAL
OFFICIALS, AS PROVIDED IN A GENERAL PROJECT PLAN OF THE NEW YORK STATE
URBAN DEVELOPMENT CORPORATION, THE floor area ratio (FAR) of any dwell-
ing or dwellings on a lot shall not exceed 12.0, except that a fireproof
class B dwelling in which six or more passenger elevators are maintained
and operated in any city having a local zoning law, ordinance or resol-
ution restricting districts in such city to residential use, may be
erected in accordance with the provisions of such zoning law, ordinance
S. 4006 86 A. 3006
or resolution, if such class B dwelling is erected in a district no part
of which is restricted by such zoning law, ordinance or resolution to
residential uses.
§ 2. This act shall take effect immediately.
PART M
Section 1. Section 489 of the real property tax law is amended by
adding a new subdivision 21 to read as follows:
21. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION:
(1) "AFFORDABLE RENT" SHALL MEAN THE MAXIMUM RENT WITHIN THE MARKETING
BAND THAT IS ALLOWED FOR AN AFFORDABLE RENTAL UNIT AS SUCH RENT IS
ESTABLISHED BY THE LOCAL HOUSING AGENCY.
(2) "AFFORDABLE RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE
RENTAL BUILDING THAT, AS OF THE FILING OF AN APPLICATION FOR A CERTIF-
ICATE OF ELIGIBILITY AND REASONABLE COST, HAS A RENT AT OR BELOW THE
APPLICABLE AFFORDABLE RENT.
(3) "CERTIFICATE OF ELIGIBILITY AND REASONABLE COST" SHALL MEAN A
DOCUMENT ISSUED BY THE LOCAL HOUSING AGENCY THAT ESTABLISHES THAT A
PROPERTY IS ELIGIBLE FOR REHABILITATION PROGRAM BENEFITS AND SETS FORTH
THE CERTIFIED REASONABLE COST OF THE ELIGIBLE CONSTRUCTION FOR WHICH
SUCH BENEFITS SHALL BE RECEIVED.
(4) "CERTIFIED REASONABLE COST SCHEDULE" SHALL MEAN A TABLE PROVIDING
MAXIMUM DOLLAR LIMITS FOR SPECIFIED ALTERATIONS AND IMPROVEMENTS, ESTAB-
LISHED, AND UPDATED AS NECESSARY, BY THE LOCAL HOUSING AGENCY.
(5) "CHECKLIST" SHALL MEAN A DOCUMENT THAT THE LOCAL HOUSING AGENCY
ISSUES REQUESTING ADDITIONAL INFORMATION OR DOCUMENTATION THAT IS NECES-
SARY FOR FURTHER ASSESSMENT OF AN APPLICATION FOR A CERTIFICATE OF
ELIGIBILITY AND REASONABLE COST WHERE SUCH APPLICATION CONTAINED ALL
INFORMATION AND DOCUMENTATION REQUIRED AT THE INITIAL FILING.
(6) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ELIGIBLE
CONSTRUCTION, THE DATE ON WHICH ANY PHYSICAL OPERATION UNDERTAKEN FOR
THE PURPOSE OF PERFORMING SUCH ELIGIBLE CONSTRUCTION LAWFULLY BEGINS.
(7) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ELIGIBLE
CONSTRUCTION, THE DATE ON WHICH:
(A) EVERY PHYSICAL OPERATION UNDERTAKEN FOR THE PURPOSE OF ALL ELIGI-
BLE CONSTRUCTION HAS CONCLUDED; AND
(B) ALL SUCH ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED TO A REASONABLE
AND CUSTOMARY STANDARD THAT RENDERS SUCH ELIGIBLE CONSTRUCTION CAPABLE
OF USE FOR THE PURPOSE FOR WHICH SUCH ELIGIBLE CONSTRUCTION WAS
INTENDED.
(8) "DWELLING UNIT" SHALL MEAN ANY RESIDENTIAL ACCOMMODATION IN A
CLASS A MULTIPLE DWELLING THAT:
(A) IS ARRANGED, DESIGNED, USED OR INTENDED FOR USE BY ONE OR MORE
PERSONS LIVING TOGETHER AND MAINTAINING A COMMON HOUSEHOLD;
(B) CONTAINS AT LEAST ONE ROOM; AND
(C) CONTAINS WITHIN SUCH ACCOMMODATION LAWFUL SANITARY AND KITCHEN
FACILITIES RESERVED FOR ITS OCCUPANTS.
(9) "ELIGIBLE BUILDING" SHALL MEAN AN ELIGIBLE RENTAL BUILDING, AN
ELIGIBLE HOMEOWNERSHIP BUILDING, OR AN ELIGIBLE REGULATED HOMEOWNERSHIP
BUILDING, PROVIDED THAT SUCH BUILDING CONTAINS THREE OR MORE DWELLING
UNITS.
(10) "ELIGIBLE CONSTRUCTION" SHALL MEAN ALTERATIONS OR IMPROVEMENTS TO
AN ELIGIBLE BUILDING THAT:
(A) ARE SPECIFICALLY IDENTIFIED ON THE CERTIFIED REASONABLE COST SCHE-
DULE;
S. 4006 87 A. 3006
(B) MEET THE MINIMUM SCOPE OF WORK THRESHOLD;
(C) HAVE A COMPLETION DATE THAT IS AFTER JUNE TWENTY-NINTH, TWO THOU-
SAND TWENTY-TWO AND PRIOR TO JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX AND
THAT IS NOT MORE THAN THIRTY MONTHS AFTER THEIR COMMENCEMENT DATE; AND
(D) ARE NOT ATTRIBUTABLE TO ANY INCREASED CUBIC CONTENT IN SUCH ELIGI-
BLE BUILDING.
(11) "ELIGIBLE HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXISTING BUILDING
THAT:
(A) IS A CLASS A MULTIPLE DWELLING OPERATED AS CONDOMINIUM OR COOPER-
ATIVE HOUSING;
(B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND
(C) HAS AN AVERAGE ASSESSED VALUATION, INCLUDING THE VALUATION OF THE
LAND, THAT AS OF THE COMMENCEMENT DATE DOES NOT EXCEED THE HOMEOWNERSHIP
AVERAGE ASSESSED VALUATION LIMITATION.
(12) "ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXIST-
ING BUILDING THAT IS A CLASS A MULTIPLE DWELLING OWNED AND OPERATED BY
EITHER:
(A) A MUTUAL COMPANY THAT CONTINUES TO BE ORGANIZED AND OPERATED AS A
MUTUAL COMPANY AND THAT HAS ENTERED INTO AND RECORDED A MUTUAL COMPANY
REGULATORY AGREEMENT; OR
(B) A MUTUAL REDEVELOPMENT COMPANY THAT CONTINUES TO BE ORGANIZED AND
OPERATED AS A MUTUAL REDEVELOPMENT COMPANY AND THAT HAS ENTERED INTO AND
RECORDED A MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT.
(13) "ELIGIBLE RENTAL BUILDING" SHALL MEAN AN EXISTING BUILDING THAT:
(A) IS A CLASS A MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
ARE OPERATED AS RENTAL HOUSING;
(B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND
(C) SATISFIES ONE OF THE FOLLOWING CONDITIONS:
(I) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH BUILDING
ARE AFFORDABLE RENTAL UNITS;
(II) SUCH BUILDING IS OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING
COMPANY; OR
(III) SUCH BUILDING IS THE RECIPIENT OF SUBSTANTIAL GOVERNMENTAL
ASSISTANCE.
(14) "EXISTING BUILDING" SHALL MEAN AN ENCLOSED STRUCTURE WHICH:
(A) IS PERMANENTLY AFFIXED TO THE LAND;
(B) HAS ONE OR MORE FLOORS AND A ROOF;
(C) IS BOUNDED BY WALLS;
(D) HAS AT LEAST ONE PRINCIPAL ENTRANCE UTILIZED FOR DAY-TO-DAY PEDES-
TRIAN INGRESS AND EGRESS;
(E) HAS A CERTIFICATE OF OCCUPANCY OR EQUIVALENT DOCUMENT THAT IS IN
EFFECT PRIOR TO THE COMMENCEMENT DATE; AND
(F) EXCLUSIVE OF THE LAND, HAS AN ASSESSED VALUATION OF MORE THAN ONE
THOUSAND DOLLARS FOR THE FISCAL YEAR IMMEDIATELY PRECEDING THE COMMENCE-
MENT DATE.
(15) "HOMEOWNERSHIP AVERAGE ASSESSED VALUATION LIMITATION" SHALL MEAN
AN AVERAGE ASSESSED VALUATION OF FORTY-FIVE THOUSAND DOLLARS PER DWELL-
ING UNIT.
(16) "LIMITED-PROFIT HOUSING COMPANY" SHALL HAVE THE SAME MEANING AS
"COMPANY" SET FORTH IN SECTION TWELVE OF THE PRIVATE HOUSING FINANCE
LAW.
(17) "MARKET RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE
RENTAL BUILDING OTHER THAN AN AFFORDABLE RENTAL UNIT.
(18) "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM
TWENTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR
S. 4006 88 A. 3006
FAMILY SIZE, TO THIRTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE.
(19) "MINIMUM SCOPE OF WORK THRESHOLD" SHALL MEAN A TOTAL AMOUNT OF
CERTIFIED REASONABLE COST ESTABLISHED BY RULES AND REGULATIONS OF THE
LOCAL HOUSING AGENCY, PROVIDED THAT SUCH AMOUNT SHALL BE NO LESS THAN
ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH DWELLING UNIT IN EXISTENCE ON
THE COMPLETION DATE.
(20) "MULTIPLE DWELLING" SHALL HAVE THE MEANING AS SET FORTH IN
SECTION FOUR OF THE MULTIPLE DWELLING LAW.
(21) "MUTUAL COMPANY" SHALL HAVE THE MEANING AS SET FORTH IN SECTION
TWELVE OF THE PRIVATE HOUSING FINANCE LAW.
(22) "MUTUAL COMPANY REGULATORY AGREEMENT" SHALL MEAN A BINDING AND
IRREVOCABLE AGREEMENT BETWEEN A MUTUAL COMPANY AND THE COMMISSIONER OF
HOUSING, THE MUTUAL COMPANY SUPERVISING AGENCY, THE NEW YORK CITY HOUS-
ING DEVELOPMENT CORPORATION, OR THE NEW YORK STATE HOUSING FINANCE AGEN-
CY PROHIBITING THE DISSOLUTION OR RECONSTITUTION OF SUCH MUTUAL COMPANY
PURSUANT TO SECTION THIRTY-FIVE OF THE PRIVATE HOUSING FINANCE LAW FOR
NOT LESS THAN FIFTEEN YEARS FROM THE COMMENCEMENT OF REHABILITATION
PROGRAM BENEFITS FOR THE EXISTING BUILDING OWNED AND OPERATED BY SUCH
MUTUAL COMPANY.
(23) "MUTUAL COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME MEANING,
WITH RESPECT TO ANY MUTUAL COMPANY, AS "SUPERVISING AGENCY" SET FORTH IN
SECTION TWO OF THE PRIVATE HOUSING FINANCE LAW.
(24) "MUTUAL REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS
"MUTUAL" WHEN APPLIED TO A REDEVELOPMENT COMPANY, AS SET FORTH IN
SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW.
(25) "MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT" SHALL MEAN A
BINDING AND IRREVOCABLE AGREEMENT BETWEEN A MUTUAL REDEVELOPMENT COMPANY
AND THE COMMISSIONER OF HOUSING, THE REDEVELOPMENT COMPANY SUPERVISING
AGENCY, THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION, OR THE NEW
YORK STATE HOUSING FINANCE AGENCY PROHIBITING THE DISSOLUTION OR RECON-
STITUTION OF SUCH MUTUAL REDEVELOPMENT COMPANY PURSUANT TO SECTION ONE
HUNDRED TWENTY-THREE OF THE PRIVATE HOUSING FINANCE LAW UNTIL THE EARLI-
ER OF:
(A) FIFTEEN YEARS FROM THE COMMENCEMENT OF REHABILITATION PROGRAM
BENEFITS FOR THE EXISTING BUILDING OWNED AND OPERATED BY SUCH MUTUAL
REDEVELOPMENT COMPANY; OR
(B) THE EXPIRATION OF ANY TAX EXEMPTION GRANTED TO SUCH MUTUAL REDE-
VELOPMENT COMPANY PURSUANT TO SECTION ONE HUNDRED TWENTY-FIVE OF THE
PRIVATE HOUSING FINANCE LAW.
(26) "REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS SET FORTH
IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW.
(27) "REDEVELOPMENT COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME
MEANING, WITH RESPECT TO ANY REDEVELOPMENT COMPANY, AS "SUPERVISING
AGENCY" SET FORTH IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING
FINANCE LAW.
(28) "REHABILITATION PROGRAM BENEFITS" SHALL MEAN ABATEMENT OF REAL
PROPERTY TAXES PURSUANT TO THIS SUBDIVISION.
(29) "RENT REGULATION" SHALL MEAN, COLLECTIVELY, THE EMERGENCY HOUSING
RENT CONTROL LAW, ANY LOCAL LAW ENACTED PURSUANT TO THE LOCAL EMERGENCY
HOUSING RENT CONTROL ACT, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED
SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE EMERGENCY TENANT
PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS IN EFFECT AS OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE
THAT ADDED THIS SUBDIVISION, OR AS ANY SUCH STATUTE IS AMENDED THEREAFT-
S. 4006 89 A. 3006
ER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING
SUBSTANTIALLY THE SAME SUBJECT MATTER.
(30) "RESTRICTION PERIOD" SHALL MEAN, NOTWITHSTANDING ANY TERMINATION
OR REVOCATION OF REHABILITATION PROGRAM BENEFITS PRIOR TO SUCH PERIOD,
FIFTEEN YEARS FROM THE INITIAL RECEIPT OF REHABILITATION PROGRAM BENE-
FITS, OR SUCH ADDITIONAL PERIOD OF TIME AS MAY BE IMPOSED PURSUANT TO
CLAUSE (A) OF SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION.
(31) "SUBSTANTIAL GOVERNMENTAL ASSISTANCE" SHALL MEAN GRANTS, LOANS,
OR SUBSIDIES FROM ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR
INSTRUMENTALITY IN FURTHERANCE OF A PROGRAM FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING APPROVED BY THE LOCAL HOUSING AGENCY, PROVIDED THAT
SUCH GRANTS, LOANS, OR SUBSIDIES ARE PROVIDED IN ACCORDANCE WITH A REGU-
LATORY AGREEMENT ENTERED INTO WITH SUCH AGENCY OR INSTRUMENTALITY THAT
IS IN EFFECT AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIFICATE
OF ELIGIBILITY AND REASONABLE COST.
(32) "SUBSTANTIAL INTEREST" SHALL MEAN AN OWNERSHIP INTEREST OF TEN
PERCENT OR MORE.
(B) ABATEMENT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION
OF THIS SECTION OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
ANY CITY TO WHICH THE MULTIPLE DWELLING LAW IS APPLICABLE, ACTING
THROUGH ITS LOCAL LEGISLATIVE BODY OR OTHER GOVERNING AGENCY, IS HEREBY
AUTHORIZED AND EMPOWERED, UNTIL AND INCLUDING JUNE THIRTIETH, TWO THOU-
SAND TWENTY-FIVE, TO ADOPT AND AMEND LOCAL LAWS OR ORDINANCES PROVIDING
AN ABATEMENT OF REAL PROPERTY TAXES ON AN ELIGIBLE BUILDING IN WHICH
ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED, PROVIDED THAT:
(1) SUCH ABATEMENT SHALL NOT EXCEED SEVENTY PERCENT OF THE CERTIFIED
REASONABLE COST OF THE ELIGIBLE CONSTRUCTION, AS DETERMINED UNDER RULES
AND REGULATIONS OF THE LOCAL HOUSING AGENCY;
(2) SUCH ABATEMENT SHALL NOT BE EFFECTIVE FOR MORE THAN TWENTY YEARS;
(3) THE ANNUAL ABATEMENT OF REAL PROPERTY TAXES ON SUCH ELIGIBLE
BUILDING SHALL NOT EXCEED EIGHT AND ONE-THIRD PERCENT OF THE TOTAL
CERTIFIED REASONABLE COST OF SUCH ELIGIBLE CONSTRUCTION;
(4) THE ANNUAL ABATEMENT OF REAL PROPERTY TAXES ON SUCH ELIGIBLE
BUILDING IN ANY CONSECUTIVE TWELVE-MONTH PERIOD SHALL IN NO EVENT EXCEED
THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN SUCH TWELVE-MONTH PERIOD
FOR SUCH BUILDING, PROVIDED, HOWEVER, THAT SUCH ABATEMENT SHALL NOT
EXCEED FIFTY PERCENT OF THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN
SUCH TWELVE-MONTH PERIOD FOR ANY OF THE FOLLOWING:
(A) AN ELIGIBLE RENTAL BUILDING OWNED BY A LIMITED-PROFIT HOUSING
COMPANY OR A REDEVELOPMENT COMPANY; (B) AN ELIGIBLE HOMEOWNERSHIP BUILD-
ING; AND
(C) AN ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING; AND
(5) SUCH ABATEMENT SHALL BECOME EFFECTIVE BEGINNING WITH THE FIRST
QUARTERLY TAX BILL IMMEDIATELY FOLLOWING THE DATE OF ISSUANCE OF THE
CERTIFICATE OF ELIGIBILITY AND REASONABLE COST.
(C) AUTHORITY OF CITY TO ADOPT RULES AND REGULATIONS. ANY SUCH LOCAL
LAW OR ORDINANCE SHALL AUTHORIZE THE ADOPTION OF RULES AND REGULATIONS,
NOT INCONSISTENT WITH THIS SUBDIVISION, BY THE LOCAL HOUSING AGENCY AND
ANY OTHER LOCAL AGENCY NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVI-
SION.
(D) APPLICATIONS. (1) ANY SUCH LOCAL LAW OR ORDINANCE SHALL REQUIRE
THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST
PURSUANT TO THIS SUBDIVISION BE MADE AFTER THE COMPLETION DATE AND ON OR
BEFORE THE LATER OF (A) FOUR MONTHS FROM THE EFFECTIVE DATE OF SUCH
LOCAL LAW OR ORDINANCE; OR (B) FOUR MONTHS FROM SUCH COMPLETION DATE.
S. 4006 90 A. 3006
(2) SUCH APPLICATION SHALL INCLUDE EVIDENCE OF ELIGIBILITY FOR REHA-
BILITATION PROGRAM BENEFITS AND EVIDENCE OF REASONABLE COST AS SHALL BE
SATISFACTORY TO THE LOCAL HOUSING AGENCY INCLUDING, BUT NOT LIMITED TO,
EVIDENCE SHOWING THE COST OF ELIGIBLE CONSTRUCTION.
(3) THE LOCAL HOUSING AGENCY SHALL REQUIRE A NON-REFUNDABLE FILING FEE
THAT SHALL BE PAID BY A CERTIFIED CHECK OR CASHIER'S CHECK UPON THE
FILING OF AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE
COST. SUCH FEE SHALL BE (A) ONE THOUSAND DOLLARS, PLUS (B) SEVENTY-FIVE
DOLLARS FOR EACH DWELLING UNIT IN EXCESS OF SIX DWELLING UNITS IN THE
ELIGIBLE BUILDING THAT IS THE SUBJECT OF SUCH APPLICATION.
(4) ANY APPLICATION THAT IS FILED PURSUANT TO THIS PARAGRAPH THAT IS
MISSING ANY OF THE INFORMATION AND DOCUMENTATION REQUIRED AT INITIAL
FILING BY SUCH LOCAL LAW OR ORDINANCE AND ANY RULES AND REGULATIONS OF
THE LOCAL HOUSING AGENCY SHALL BE DENIED, PROVIDED THAT A NEW APPLICA-
TION FOR THE SAME ELIGIBLE CONSTRUCTION, TOGETHER WITH A NEW NON-REFUND-
ABLE FILING FEE, MAY BE FILED WITHIN FIFTEEN DAYS OF THE DATE OF ISSU-
ANCE OF SUCH DENIAL. IF SUCH SECOND APPLICATION IS ALSO MISSING ANY SUCH
REQUIRED INFORMATION AND DOCUMENTATION, IT SHALL BE DENIED AND NO
FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMIT-
TED.
(5) THE FAILURE OF AN APPLICANT TO RESPOND TO ANY CHECKLIST WITHIN
THIRTY DAYS OF THE DATE OF ITS ISSUANCE BY THE LOCAL HOUSING AGENCY
SHALL RESULT IN DENIAL OF SUCH APPLICATION, AND NO FURTHER APPLICATIONS
FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMITTED. THE LOCAL HOUSING
AGENCY SHALL ISSUE NOT MORE THAN THREE CHECKLISTS PER APPLICATION. AN
APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST SHALL
BE DENIED WHEN THE LOCAL HOUSING AGENCY DOES NOT HAVE A SUFFICIENT BASIS
TO ISSUE A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST AFTER THE
TIMELY RESPONSE OF AN APPLICANT TO THE THIRD CHECKLIST CONCERNING SUCH
APPLICATION. AFTER THE LOCAL HOUSING AGENCY HAS DENIED AN APPLICATION
FOR THE REASON DESCRIBED IN THE PRECEDING SENTENCE, SUCH AGENCY SHALL
PERMIT NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION.
(6) AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE
COST SHALL ALSO INCLUDE AN AFFIDAVIT OF NO HARASSMENT.
(A) SUCH AFFIDAVIT SHALL SET FORTH THE FOLLOWING INFORMATION:
(I) THE NAME OF EVERY OWNER OF RECORD AND OWNER OF A SUBSTANTIAL
INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING
OR SPONSORING THE ELIGIBLE CONSTRUCTION; AND
(II) A STATEMENT THAT NONE OF SUCH PERSONS HAD, WITHIN THE FIVE YEARS
PRIOR TO THE COMPLETION DATE, BEEN FOUND TO HAVE HARASSED OR UNLAWFULLY
EVICTED TENANTS BY JUDGMENT OR DETERMINATION OF A COURT OR AGENCY,
INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPROPRIATE LEGAL JURISDIC-
TION, UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW REGULATING RENTS OR
ANY STATE OR LOCAL LAW RELATING TO HARASSMENT OF TENANTS OR UNLAWFUL
EVICTION.
(B) NO ELIGIBLE BUILDING SHALL BE ELIGIBLE FOR AN ABATEMENT PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION WHERE:
(I) ANY AFFIDAVIT REQUIRED UNDER THIS SUBPARAGRAPH HAS NOT BEEN FILED;
(II) ANY SUCH AFFIDAVIT CONTAINS A WILLFUL MISREPRESENTATION OR OMIS-
SION OF ANY MATERIAL FACT; OR
(III) ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN THE
ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSORING
THE ELIGIBLE CONSTRUCTION HAS BEEN FOUND, BY JUDGMENT OR DETERMINATION
OF A COURT OR AGENCY, INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPRO-
PRIATE LEGAL JURISDICTION, UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW
REGULATING RENTS OR ANY STATE OR LOCAL LAW RELATING TO HARASSMENT OF
S. 4006 91 A. 3006
TENANTS OR UNLAWFUL EVICTION, TO HAVE, WITHIN THE FIVE YEARS PRIOR TO
THE COMPLETION DATE, HARASSED OR UNLAWFULLY EVICTED TENANTS, UNTIL AND
UNLESS THE FINDING IS REVERSED ON APPEAL.
(C) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW TO THE CONTRARY, THE CORPORATION COUNSEL OR OTHER LEGAL REPRESEN-
TATIVE OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR THE
DISTRICT ATTORNEY OF ANY COUNTY, MAY INSTITUTE AN ACTION OR PROCEEDING
IN ANY COURT OF COMPETENT JURISDICTION THAT MAY BE APPROPRIATE OR NECES-
SARY TO DETERMINE WHETHER ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL
INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING
OR SPONSORING THE ELIGIBLE CONSTRUCTION HAS HARASSED OR UNLAWFULLY
EVICTED TENANTS AS DESCRIBED IN THIS SUBPARAGRAPH.
(7) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW TO THE CONTRARY, THE LOCAL HOUSING AGENCY MAY REQUIRE BY RULES AND
REGULATIONS THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND
REASONABLE COST BE FILED ELECTRONICALLY.
(E) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING OTHER THAN
ONE OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY. ANY SUCH
LOCAL LAW OR ORDINANCE SHALL, IN ADDITION TO ALL OTHER CONDITIONS OF
ELIGIBILITY FOR REHABILITATION PROGRAM BENEFITS SET FORTH IN THIS SUBDI-
VISION, REQUIRE THAT AN ELIGIBLE RENTAL BUILDING, OTHER THAN ONE OWNED
AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY, ALSO COMPLY WITH ALL
PROVISIONS OF THIS PARAGRAPH. NOTWITHSTANDING THE FOREGOING, AN ELIGIBLE
RENTAL BUILDING THAT IS THE RECIPIENT OF SUBSTANTIAL GOVERNMENTAL
ASSISTANCE SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS OF
SUBPARAGRAPH THREE OF THIS PARAGRAPH.
(1) NOTWITHSTANDING ANY PROVISION OF RENT REGULATION TO THE CONTRARY,
ANY MARKET RENTAL UNIT WITHIN SUCH ELIGIBLE RENTAL BUILDING SUBJECT TO
RENT REGULATION AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIF-
ICATE OF ELIGIBILITY AND REASONABLE COST AND ANY AFFORDABLE RENTAL UNIT
WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE SUBJECT TO RENT REGULATION
UNTIL SUCH UNIT FIRST BECOMES VACANT AFTER THE EXPIRATION OF THE
RESTRICTION PERIOD AT WHICH TIME SUCH UNIT, UNLESS IT WOULD BE SUBJECT
TO RENT REGULATION FOR REASONS OTHER THAN THE PROVISIONS OF THIS SUBDI-
VISION, SHALL BE DEREGULATED, PROVIDED, HOWEVER, THAT DURING THE
RESTRICTION PERIOD, NO EXEMPTION OR EXCLUSION FROM ANY REQUIREMENT OF
RENT REGULATION SHALL APPLY TO SUCH DWELLING UNITS.
(2) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING THAT IS
NOT A RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE.
(A) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH ELIGIBLE
RENTAL BUILDING SHALL BE DESIGNATED AS AFFORDABLE RENTAL UNITS.
(B) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL ENSURE THAT NO
AFFORDABLE RENTAL UNIT IS HELD OFF THE MARKET FOR A PERIOD THAT IS LONG-
ER THAN REASONABLY NECESSARY.
(C) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL WAIVE THE
COLLECTION OF ANY MAJOR CAPITAL IMPROVEMENT RENT INCREASE GRANTED BY THE
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL PURSUANT TO
RENT REGULATION THAT IS ATTRIBUTABLE TO ELIGIBLE CONSTRUCTION FOR WHICH
SUCH ELIGIBLE RENTAL BUILDING RECEIVES REHABILITATION PROGRAM BENEFITS,
AND SHALL FILE A DECLARATION WITH THE NEW YORK STATE DIVISION OF HOUSING
AND COMMUNITY RENEWAL PROVIDING SUCH WAIVER.
(D) AN AFFORDABLE RENTAL UNIT SHALL NOT BE RENTED ON A TEMPORARY,
TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
AFFORDABLE RENTAL UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
OPTION OF THE TENANT, AND SHALL INCLUDE A NOTICE IN AT LEAST TWELVE-
POINT TYPE INFORMING SUCH TENANT OF THEIR RIGHTS PURSUANT TO THIS SUBDI-
S. 4006 92 A. 3006
VISION, INCLUDING AN EXPLANATION OF THE RESTRICTIONS ON RENT INCREASES
THAT MAY BE IMPOSED ON SUCH AFFORDABLE RENTAL UNIT.
(E) THE LOCAL HOUSING AGENCY MAY ESTABLISH BY RULES AND REGULATIONS
SUCH REQUIREMENTS AS THE LOCAL HOUSING AGENCY DEEMS NECESSARY OR APPRO-
PRIATE FOR DESIGNATING AFFORDABLE RENTAL UNITS, INCLUDING, BUT NOT
LIMITED TO, DESIGNATING THE UNIT MIX AND DISTRIBUTION REQUIREMENTS OF
SUCH AFFORDABLE RENTAL UNITS IN AN ELIGIBLE BUILDING.
(3) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL NOT ENGAGE IN OR
CAUSE ANY HARASSMENT OF THE TENANTS OF SUCH ELIGIBLE RENTAL BUILDING OR
UNLAWFULLY EVICT ANY SUCH TENANTS DURING THE RESTRICTION PERIOD.
(4) NO DWELLING UNITS WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE
CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP DURING THE RESTRICTION
PERIOD.
(5) ANY NON-COMPLIANCE OF AN ELIGIBLE RENTAL BUILDING WITH THE
PROVISIONS OF THIS PARAGRAPH SHALL PERMIT THE LOCAL HOUSING AGENCY TO
TAKE THE FOLLOWING ACTION:
(A) EXTEND THE RESTRICTION PERIOD;
(B) INCREASE THE NUMBER OF AFFORDABLE RENTAL UNITS IN SUCH ELIGIBLE
RENTAL BUILDING;
(C) IMPOSE A PENALTY OF NOT MORE THAN THE PRODUCT OF ONE THOUSAND
DOLLARS PER INSTANCE OF NON-COMPLIANCE AND THE NUMBER OF DWELLING UNITS
CONTAINED IN SUCH ELIGIBLE RENTAL BUILDING; AND
(D) TERMINATE OR REVOKE ANY REHABILITATION PROGRAM BENEFITS IN ACCORD-
ANCE WITH PARAGRAPH (M) OF THIS SUBDIVISION.
(F) COMPLIANCE WITH APPLICABLE LAW. ANY SUCH LOCAL LAW OR ORDINANCE
MAY ALSO PROVIDE THAT REHABILITATION PROGRAM BENEFITS SHALL NOT BE
ALLOWED FOR ANY ELIGIBLE BUILDING UNLESS AND UNTIL SUCH ELIGIBLE BUILD-
ING COMPLIES WITH ALL APPLICABLE PROVISIONS OF LAW.
(G) IMPLEMENTATION OF REHABILITATION PROGRAM BENEFITS. UPON ISSUANCE
OF A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST AND PAYMENT OF
OUTSTANDING FEES, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO TRANS-
MIT SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST TO THE LOCAL
AGENCY RESPONSIBLE FOR REAL PROPERTY TAX ASSESSMENT. UPON RECEIPT OF A
CERTIFICATE OF ELIGIBILITY AND REASONABLE COST, THE LOCAL AGENCY RESPON-
SIBLE FOR REAL PROPERTY TAX ASSESSMENT SHALL CERTIFY THE AMOUNT OF TAXES
TO BE ABATED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND PURSUANT
TO SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST PROVIDED BY THE
LOCAL HOUSING AGENCY.
(H) OUTSTANDING TAXES AND CHARGES. ANY SUCH LOCAL LAW OR ORDINANCE
SHALL ALSO PROVIDE THAT REHABILITATION PROGRAM BENEFITS SHALL NOT BE
ALLOWED FOR AN ELIGIBLE BUILDING IN EITHER OF THE FOLLOWING CASES:
(1) THERE ARE OUTSTANDING REAL ESTATE TAXES OR WATER AND SEWER CHARGES
OR PAYMENTS IN LIEU OF TAXES THAT ARE DUE AND OWING AS OF THE LAST DAY
OF THE TAX PERIOD PRECEDING THE DATE OF THE RECEIPT OF THE CERTIFICATE
OF ELIGIBILITY AND REASONABLE COST BY THE LOCAL AGENCY RESPONSIBLE FOR
REAL PROPERTY TAX ASSESSMENT; OR
(2) REAL ESTATE TAXES OR WATER AND SEWER CHARGES DUE AT ANY TIME
DURING THE AUTHORIZED TERM OF SUCH BENEFITS REMAIN UNPAID FOR ONE YEAR
AFTER THE SAME ARE DUE AND PAYABLE.
(I) ADDITIONAL LIMITATIONS ON ELIGIBILITY. ANY SUCH LOCAL LAW OR ORDI-
NANCE SHALL ALSO PROVIDE THAT:
(1) REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY
ELIGIBLE BUILDING RECEIVING TAX EXEMPTION OR ABATEMENT CONCURRENTLY FOR
REHABILITATION OR NEW CONSTRUCTION UNDER ANY OTHER PROVISION OF STATE OR
LOCAL LAW OR ORDINANCE WITH THE EXCEPTION OF ANY ELIGIBLE CONSTRUCTION
S. 4006 93 A. 3006
TO AN ELIGIBLE BUILDING RECEIVING A TAX EXEMPTION OR ABATEMENT UNDER THE
PROVISIONS OF THE PRIVATE HOUSING FINANCE LAW;
(2) REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ITEM
OF ELIGIBLE CONSTRUCTION IN AN ELIGIBLE BUILDING IF SUCH ELIGIBLE BUILD-
ING IS RECEIVING TAX EXEMPTION OR ABATEMENT FOR THE SAME OR A SIMILAR
ITEM OF ELIGIBLE CONSTRUCTION AS OF THE DECEMBER THIRTY-FIRST PRECEDING
THE DATE OF APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE
COST FOR SUCH REHABILITATION PROGRAM BENEFITS;
(3) WHERE THE ELIGIBLE CONSTRUCTION INCLUDES OR BENEFITS A PORTION OF
AN ELIGIBLE BUILDING THAT IS NOT OCCUPIED FOR DWELLING PURPOSES, THE
ASSESSED VALUATION OF SUCH ELIGIBLE BUILDING AND THE COST OF THE ELIGI-
BLE CONSTRUCTION SHALL BE APPORTIONED SO THAT REHABILITATION PROGRAM
BENEFITS SHALL NOT BE PROVIDED FOR ELIGIBLE CONSTRUCTION MADE FOR OTHER
THAN DWELLING PURPOSES; AND
(4) REHABILITATION PROGRAM BENEFITS SHALL NOT BE APPLIED TO ABATE OR
REDUCE THE TAXES UPON THE LAND PORTION OF REAL PROPERTY, WHICH SHALL
CONTINUE TO BE TAXED BASED UPON THE ASSESSED VALUATION OF THE LAND AND
THE APPLICABLE TAX RATE AT THE TIME SUCH TAXES ARE LEVIED.
(J) RE-INSPECTION PENALTY. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO
PROVIDE THAT IF THE LOCAL HOUSING AGENCY CANNOT VERIFY THE ELIGIBLE
CONSTRUCTION CLAIMED BY AN APPLICANT UPON THE FIRST INSPECTION BY THE
LOCAL HOUSING AGENCY OF THE ELIGIBLE BUILDING, SUCH APPLICANT SHALL BE
REQUIRED TO PAY TEN TIMES THE ACTUAL COST OF ANY ADDITIONAL INSPECTION
NEEDED TO VERIFY SUCH ELIGIBLE CONSTRUCTION.
(K) STRICT LIABILITY FOR INACCURATE APPLICATIONS. ANY SUCH LOCAL LAW
OR ORDINANCE SHALL ALSO PROVIDE THAT IF THE LOCAL HOUSING AGENCY DETER-
MINES THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASON-
ABLE COST CONTAINS A MATERIAL MISSTATEMENT OF FACT, THE LOCAL HOUSING
AGENCY MAY REJECT SUCH APPLICATION AND BAR THE SUBMISSION OF ANY OTHER
APPLICATION PURSUANT TO THIS SUBDIVISION WITH RESPECT TO SUCH ELIGIBLE
BUILDING FOR A PERIOD NOT TO EXCEED THREE YEARS. AN APPLICANT SHALL NOT
BE RELIEVED FROM LIABILITY UNDER THIS PARAGRAPH BECAUSE IT SUBMITTED ITS
APPLICATION UNDER A MISTAKEN BELIEF OF FACT. FURTHERMORE, ANY PERSON OR
ENTITY THAT FILES MORE THAN SIX APPLICATIONS CONTAINING SUCH A MATERIAL
MISSTATEMENT OF FACT WITHIN ANY TWELVE-MONTH PERIOD SHALL BE BARRED FROM
SUBMITTING ANY NEW APPLICATION FOR REHABILITATION PROGRAM BENEFITS ON
BEHALF OF ANY ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED FIVE YEARS.
(L) INVESTIGATORY AUTHORITY. ANY SUCH LOCAL LAW OR ORDINANCE SHALL
ALSO ALLOW THE LOCAL HOUSING AGENCY TO REQUIRE SUCH CERTIFICATIONS AND
CONSENTS NECESSARY TO ACCESS RECORDS, INCLUDING OTHER TAX RECORDS, AS
MAY BE DEEMED APPROPRIATE TO ENFORCE THE ELIGIBILITY REQUIREMENTS OF
THIS SUBDIVISION. ANY SUCH LOCAL LAW OR ORDINANCE SHALL FURTHER PROVIDE
THAT, FOR PURPOSES OF DETERMINING AND CERTIFYING ELIGIBILITY FOR REHA-
BILITATION PROGRAM BENEFITS AND THE REASONABLE COST OF ANY ELIGIBLE
CONSTRUCTION, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO:
(1) ADMINISTER OATHS TO AND TAKE THE TESTIMONY OF ANY PERSON, INCLUD-
ING, BUT NOT LIMITED TO, THE OWNER OF SUCH ELIGIBLE BUILDING;
(2) ISSUE SUBPOENAS REQUIRING THE ATTENDANCE OF SUCH PERSONS AND THE
PRODUCTION OF ANY BILLS, BOOKS, PAPERS OR OTHER DOCUMENTS AS IT MAY DEEM
NECESSARY;
(3) MAKE PRELIMINARY ESTIMATES OF THE MAXIMUM REASONABLE COST OF SUCH
ELIGIBLE CONSTRUCTION;
(4) ESTABLISH MAXIMUM ALLOWABLE COSTS OF SPECIFIED UNITS, FIXTURES OR
WORK IN SUCH ELIGIBLE CONSTRUCTION;
(5) REQUIRE THE SUBMISSION OF PLANS AND SPECIFICATIONS OF SUCH ELIGI-
BLE CONSTRUCTION BEFORE THE COMMENCEMENT THEREOF;
S. 4006 94 A. 3006
(6) REQUIRE PHYSICAL ACCESS TO INSPECT THE ELIGIBLE BUILDING; AND
(7) ON AN ANNUAL BASIS, REQUIRE THE SUBMISSION OF LEASES FOR ANY
DWELLING UNIT IN A BUILDING GRANTED A CERTIFICATE OF ELIGIBILITY AND
REASONABLE COST.
(M) TERMINATION OR REVOCATION. ANY SUCH LOCAL LAW OR ORDINANCE SHALL
PROVIDE THAT FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION,
ANY SUCH LOCAL LAW OR ORDINANCE, ANY RULES AND REGULATIONS PROMULGATED
THEREUNDER, OR ANY MUTUAL COMPANY REGULATORY AGREEMENT OR MUTUAL REDE-
VELOPMENT COMPANY REGULATORY AGREEMENT ENTERED INTO THEREUNDER, MAY
RESULT IN REVOCATION OF ANY REHABILITATION PROGRAM BENEFITS RETROACTIVE
TO THE COMMENCEMENT THEREOF. SUCH TERMINATION OR REVOCATION SHALL NOT
EXEMPT SUCH ELIGIBLE BUILDING FROM CONTINUED COMPLIANCE WITH THE
REQUIREMENTS OF THIS SUBDIVISION, SUCH LOCAL LAW OR ORDINANCE, SUCH
RULES AND REGULATIONS, AND SUCH MUTUAL COMPANY REGULATORY AGREEMENT OR
MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT.
(N) CRIMINAL LIABILITY FOR UNAUTHORIZED USES. ANY SUCH LOCAL LAW OR
ORDINANCE SHALL ALSO PROVIDE THAT IN THE EVENT THAT ANY RECIPIENT OF
REHABILITATION PROGRAM BENEFITS USES ANY DWELLING UNIT IN SUCH ELIGIBLE
BUILDING IN VIOLATION OF THE REQUIREMENTS OF SUCH LOCAL LAW OR ORDINANCE
AS ADOPTED PURSUANT TO THIS SUBDIVISION AND ANY RULES AND REGULATIONS
PROMULGATED PURSUANT THERETO, SUCH RECIPIENT SHALL BE GUILTY OF AN
UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A FINE IN AN AMOUNT EQUIVALENT TO
DOUBLE THE VALUE OF THE GAIN OF SUCH RECIPIENT FROM SUCH UNLAWFUL USE OR
IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BOTH.
(O) PRIVATE RIGHT OF ACTION. ANY PROSPECTIVE, PRESENT, OR FORMER
TENANT OF AN ELIGIBLE RENTAL BUILDING MAY SUE TO ENFORCE THE REQUIRE-
MENTS AND PROHIBITIONS OF THIS SUBDIVISION, ANY SUCH LOCAL LAW OR ORDI-
NANCE, OR ANY RULES AND REGULATIONS PROMULGATED THEREUNDER, IN THE
SUPREME COURT OF NEW YORK. ANY SUCH INDIVIDUAL HARMED BY REASON OF A
VIOLATION OF SUCH REQUIREMENTS AND PROHIBITIONS MAY SUE THEREFOR IN THE
SUPREME COURT OF NEW YORK ON BEHALF OF HIMSELF OR HERSELF, AND SHALL
RECOVER THREEFOLD THE DAMAGES SUSTAINED AND THE COST OF THE SUIT,
INCLUDING A REASONABLE ATTORNEY'S FEE. THE LOCAL HOUSING AGENCY MAY USE
ANY COURT DECISION UNDER THIS PARAGRAPH THAT IS ADVERSE TO THE OWNER OF
AN ELIGIBLE BUILDING AS THE BASIS FOR FURTHER ENFORCEMENT ACTION.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION BY A TENANT OF AN
ELIGIBLE RENTAL BUILDING UNDER THIS PARAGRAPH MUST BE COMMENCED WITHIN
SIX YEARS FROM THE DATE OF THE LATEST VIOLATION.
(P) APPOINTMENT OF RECEIVER. IN ADDITION TO THE REMEDIES FOR NON-COM-
PLIANCE PROVIDED FOR IN SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS
SUBDIVISION, ANY SUCH LOCAL LAW OR ORDINANCE MAY ALSO PROVIDE THAT THE
LOCAL HOUSING AGENCY MAY MAKE APPLICATION FOR THE APPOINTMENT OF A
RECEIVER IN ACCORDANCE WITH THE PROCEDURES CONTAINED IN SUCH LOCAL LAW
OR ORDINANCE. ANY RECEIVER APPOINTED PURSUANT TO THIS PARAGRAPH SHALL BE
AUTHORIZED, IN ADDITION TO ANY OTHER POWERS CONFERRED BY LAW, TO EFFECT
COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, SUCH LOCAL LAW OR
ORDINANCE, AND RULES AND REGULATIONS OF THE LOCAL HOUSING AGENCY. ANY
EXPENDITURES INCURRED BY THE RECEIVER TO EFFECT SUCH COMPLIANCE SHALL
CONSTITUTE A DEBT OF THE OWNER AND A LIEN UPON THE PROPERTY, AND UPON
THE RENTS AND INCOME THEREOF, IN ACCORDANCE WITH THE PROCEDURES
CONTAINED IN SUCH LOCAL LAW OR ORDINANCE. THE LOCAL HOUSING AGENCY IN
ITS DISCRETION MAY PROVIDE FUNDS TO BE EXPENDED BY THE RECEIVER, AND
SUCH FUNDS SHALL CONSTITUTE A DEBT RECOVERABLE FROM THE OWNER IN ACCORD-
ANCE WITH APPLICABLE LOCAL LAWS OR ORDINANCES.
(R) AUTHORITY OF CITY TO LIMIT LOCAL LAW. WHERE A CITY ENACTS OR
AMENDS A LOCAL LAW OR ORDINANCE UNDER THIS SUBDIVISION, SUCH LOCAL LAW
S. 4006 95 A. 3006
OR ORDINANCE MAY RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY, SCOPE OR
AMOUNT OF REHABILITATION PROGRAM BENEFITS UNDER THE LOCAL LAW OR ORDI-
NANCE IN ANY MANNER, PROVIDED THAT THE LOCAL LAW OR ORDINANCE MAY NOT
GRANT REHABILITATION PROGRAM BENEFITS BEYOND THOSE PROVIDED IN THIS
SUBDIVISION.
§ 2. This act shall take effect immediately.
PART N
Section 1. The real property tax law is amended by adding a new
section 421-p to read as follows:
§ 421-P. EXEMPTION OF NEWLY-CONSTRUCTED RENTAL MULTIPLE DWELLINGS. 1.
(A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION
OF RENTAL MULTIPLE DWELLINGS CONSTRUCTED IN A BENEFIT AREA DESIGNATED IN
SUCH LOCAL LAW FROM TAXATION AND SPECIAL AD VALOREM LEVIES, AS PROVIDED
IN THIS SECTION. SUBSEQUENT TO THE ADOPTION OF SUCH A LOCAL LAW, ANY
OTHER MUNICIPAL CORPORATION IN WHICH THE DESIGNATED BENEFIT AREA IS
LOCATED MAY LIKEWISE EXEMPT SUCH PROPERTY FROM ITS TAXATION AND SPECIAL
AD VALOREM LEVIES BY LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, BY
RESOLUTION.
(B) AS USED IN THIS SECTION, THE TERM "BENEFIT AREA" MEANS THE AREA
WITHIN A CITY, TOWN OR VILLAGE, DESIGNATED BY LOCAL LAW, TO WHICH AN
EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION, APPLIES.
(C) THE TERM "RENTAL MULTIPLE DWELLING" MEANS A STRUCTURE, OTHER THAN
A HOTEL, CONSISTING OF TWENTY OR MORE DWELLING UNITS, WHERE ALL OF THE
UNITS ARE RENTED FOR RESIDENTIAL PURPOSES, AND AT LEAST TWENTY PERCENT
OF SUCH UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL
FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD OR EXTENDED
RESTRICTION PERIOD, AS APPLICABLE, IS AFFORDABLE TO AND RESTRICTED TO
OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT
EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY
SIZE, ON AVERAGE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH
DWELLING UNITS, PROVIDED FURTHER THAT ALL OF THE INCOME RESTRICTED UNITS
UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY
DURING THE RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS APPLI-
CABLE, SHALL BE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS
OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED PERCENT
OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT
SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING UNITS. SUCH RESTRICTION
PERIOD SHALL BE IN EFFECT COTERMINOUS WITH THE BENEFIT PERIOD, PROVIDED,
HOWEVER, THAT THE TENANT OR TENANTS IN AN INCOME RESTRICTED DWELLING
UNIT AT THE TIME SUCH RESTRICTION PERIOD ENDS SHALL HAVE THE RIGHT TO
LEASE RENEWALS AT THE INCOME RESTRICTED LEVEL UNTIL SUCH TIME AS SUCH
TENANT OR TENANTS PERMANENTLY VACATE THE DWELLING UNIT.
2. ELIGIBLE NEWLY-CONSTRUCTED RENTAL MULTIPLE DWELLINGS IN A DESIG-
NATED BENEFIT AREA SHALL BE WHOLLY EXEMPT FROM TAXATION WHILE UNDER
CONSTRUCTION, SUBJECT TO A MAXIMUM OF THREE YEARS. SUCH PROPERTY SHALL
THEN BE EXEMPT FOR AN ADDITIONAL PERIOD OF TWENTY-FIVE YEARS, PROVIDED,
THAT THE EXEMPTION PERCENTAGE DURING SUCH ADDITIONAL PERIOD OF TWENTY-
FIVE YEARS SHALL BEGIN AT NINETY-SIX PERCENT AND SHALL DECREASE BY FOUR
PERCENT EACH YEAR THEREAFTER. PROVIDED, HOWEVER:
(A) TAXES SHALL BE PAID DURING THE EXEMPTION PERIOD IN AN AMOUNT AT
LEAST EQUAL TO THE TAXES PAID ON SUCH LAND AND ANY IMPROVEMENTS THEREON
DURING THE TAX YEAR PRECEDING THE COMMENCEMENT OF SUCH EXEMPTION.
(B) NO OTHER EXEMPTION MAY BE GRANTED CONCURRENTLY TO THE SAME
IMPROVEMENTS UNDER ANY OTHER SECTION OF LAW.
S. 4006 96 A. 3006
3. TO BE ELIGIBLE FOR EXEMPTION UNDER THIS SECTION, SUCH CONSTRUCTION
SHALL TAKE PLACE ON VACANT, PREDOMINANTLY VACANT OR UNDERUTILIZED LAND,
OR ON LAND IMPROVED WITH A NON-CONFORMING USE OR ON LAND CONTAINING ONE
OR MORE SUBSTANDARD OR STRUCTURALLY UNSOUND DWELLINGS, OR A DWELLING
THAT HAS BEEN CERTIFIED AS UNSANITARY BY THE LOCAL HEALTH AGENCY.
4. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL BE MADE ON A
FORM PRESCRIBED BY THE COMMISSIONER AND FILED WITH THE ASSESSOR ON OR
BEFORE THE APPLICABLE TAXABLE STATUS DATE.
5. IN THE CASE OF NEWLY CONSTRUCTED PROPERTY WHICH IS USED PARTIALLY
AS A RENTAL MULTIPLE DWELLING AND PARTIALLY FOR COMMERCIAL OR OTHER
PURPOSES, THE PORTION OF THE NEWLY CONSTRUCTED PROPERTY THAT IS USED AS
A RENTAL MULTIPLE DWELLING SHALL BE ELIGIBLE FOR THE EXEMPTION AUTHOR-
IZED BY THIS SECTION IF:
(A) THE SQUARE FOOTAGE OF THE PORTION USED AS A RENTAL MULTIPLE DWELL-
ING REPRESENTS AT LEAST FIFTY PERCENT OF THE SQUARE FOOTAGE OF THE
ENTIRE PROPERTY;
(B) THE RENTAL UNITS ARE AFFORDABLE TO INDIVIDUALS OR FAMILIES AS
DETERMINED ACCORDING TO THE CRITERIA SET FORTH IN PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION; AND
(C) THE REQUIREMENTS OF THIS SECTION ARE OTHERWISE SATISFIED WITH
RESPECT TO THE PORTION OF THE PROPERTY USED AS A RENTAL MULTIPLE DWELL-
ING.
6. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE IN
A CITY WITH A POPULATION OF ONE MILLION OR MORE.
7. ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR THEIR
DESIGNEE SHALL CERTIFY COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
UNDER PENALTY OF PERJURY, AT SUCH TIME OR TIMES AND IN SUCH MANNER AS
MAY BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR VILLAGE
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR BY A
SUBSEQUENT LOCAL LAW. SUCH CITY, TOWN OR VILLAGE MAY ESTABLISH SUCH
PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE
OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect immediately.
PART O
Section 1. The real property tax law is amended by adding a new
section 421-p to read as follows:
§ 421-P. EXEMPTION OF CAPITAL IMPROVEMENTS TO RESIDENTIAL NEW
CONSTRUCTION INVOLVING THE CREATION OF ACCESSORY DWELLING UNITS. 1.
RESIDENTIAL BUILDINGS RECONSTRUCTED, ALTERED, IMPROVED, OR NEWLY
CONSTRUCTED IN ORDER TO CREATE ONE OR MORE ADDITIONAL RESIDENTIAL DWELL-
ING UNITS ON THE SAME PARCEL AS A PRE-EXISTING RESIDENTIAL BUILDING TO
PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS SUBSEQUENT
TO THE EFFECTIVE DATE OF A LOCAL LAW OR RESOLUTION ENACTED PURSUANT TO
THIS SECTION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES
TO THE EXTENT PROVIDED HEREINAFTER. AFTER A PUBLIC HEARING, THE GOVERN-
ING BOARD OF A COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW AND A
SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT SUBJECT TO ARTICLE FIFTY-
TWO OF THE EDUCATION LAW, MAY ADOPT A RESOLUTION TO GRANT THE EXEMPTION
AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL LAW OR RESOL-
UTION SHALL BE FILED WITH THE COMMISSIONER AND THE ASSESSOR OF SUCH
COUNTY, CITY, TOWN OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON WHICH
THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ARE
LEVIED.
S. 4006 97 A. 3006
2. (A) SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF FIVE YEARS TO
THE EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN ASSESSED VALUE
THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR
NEW CONSTRUCTION FOR SUCH ADDITIONAL RESIDENTIAL UNIT OR UNITS THAT
PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS, AND FOR
AN ADDITIONAL PERIOD OF FIVE YEARS SUBJECT TO THE FOLLOWING:
(I) THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY-FIVE PER
CENTUM OF THE "EXEMPTION BASE" FOR EACH OF THE FIRST THREE YEARS DURING
SUCH ADDITIONAL PERIOD AND SHALL BE DECREASED BY A FURTHER TEN PER
CENTUM OF THE "EXEMPTION BASE" DURING EACH OF THE FINAL TWO YEARS OF
SUCH ADDITIONAL PERIOD. THE EXEMPTION SHALL EXPIRE AT THE END OF THE
EXTENDED PERIOD. THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED
VALUE AS DETERMINED IN THE INITIAL YEAR OF THE TERM OF THE EXEMPTION,
EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
(II) IN ANY YEAR IN WHICH A CHANGE IN LEVEL OF ASSESSMENT OF FIFTEEN
PERCENT OR MORE IS CERTIFIED FOR A FINAL ASSESSMENT ROLL PURSUANT TO THE
RULES OF THE COMMISSIONER, THE EXEMPTION BASE SHALL BE MULTIPLIED BY A
FRACTION, THE NUMERATOR OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF
THE PARCEL ON SUCH FINAL ASSESSMENT ROLL (AFTER ACCOUNTING FOR ANY PHYS-
ICAL OR QUANTITY CHANGES TO THE PARCEL SINCE THE IMMEDIATELY PRECEDING
ASSESSMENT ROLL), AND THE DENOMINATOR OF WHICH SHALL BE THE TOTAL
ASSESSED VALUE OF THE PARCEL ON THE IMMEDIATELY PRECEDING FINAL ASSESS-
MENT ROLL. THE RESULT SHALL BE THE NEW EXEMPTION BASE. THE EXEMPTION
SHALL THEREUPON BE RECOMPUTED TO TAKE INTO ACCOUNT THE NEW EXEMPTION
BASE, NOTWITHSTANDING THE FACT THAT THE ASSESSOR RECEIVES CERTIFICATION
OF THE CHANGE IN LEVEL OF ASSESSMENT AFTER THE COMPLETION, VERIFICATION
AND FILING OF THE FINAL ASSESSMENT ROLL. IN THE EVENT THE ASSESSOR DOES
NOT HAVE CUSTODY OF THE ROLL WHEN SUCH CERTIFICATION IS RECEIVED, THE
ASSESSOR SHALL CERTIFY THE RECOMPUTED EXEMPTION TO THE LOCAL OFFICERS
HAVING CUSTODY AND CONTROL OF THE ROLL, AND SUCH LOCAL OFFICERS ARE
HEREBY DIRECTED AND AUTHORIZED TO ENTER THE RECOMPUTED EXEMPTION CERTI-
FIED BY THE ASSESSOR ON THE ROLL. THE ASSESSOR SHALL GIVE WRITTEN NOTICE
OF SUCH RECOMPUTED EXEMPTION TO THE PROPERTY OWNER, WHO MAY, IF HE OR
SHE BELIEVES THAT THE EXEMPTION WAS RECOMPUTED INCORRECTLY, APPLY FOR A
CORRECTION IN THE MANNER PROVIDED BY TITLE THREE OF ARTICLE FIVE OF THIS
CHAPTER FOR THE CORRECTION OF CLERICAL ERRORS.
(III) SUCH EXEMPTION SHALL BE LIMITED TO TWO HUNDRED THOUSAND DOLLARS
IN INCREASED MARKET VALUE OF THE PROPERTY ATTRIBUTABLE TO SUCH RECON-
STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AND ANY INCREASE
IN MARKET VALUE GREATER THAN SUCH AMOUNT SHALL NOT BE ELIGIBLE FOR THE
EXEMPTION PURSUANT TO THIS SECTION. FOR THE PURPOSES OF THIS SECTION,
THE MARKET VALUE OF THE RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW
CONSTRUCTION AS AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION SHALL BE
EQUAL TO THE INCREASED ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON-
STRUCTION, ALTERATION, IMPROVEMENT OR NEW CONSTRUCTION DIVIDED BY THE
CLASS ONE RATIO IN A SPECIAL ASSESSING UNIT OR THE MOST RECENTLY ESTAB-
LISHED STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE IN THE
REMAINDER OF THE STATE, EXCEPT WHERE THE STATE EQUALIZATION RATE OR
SPECIAL EQUALIZATION RATE EQUALS OR EXCEEDS NINETY-FIVE PERCENT, IN
WHICH CASE THE INCREASE IN ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON-
STRUCTION, ALTERATION, IMPROVEMENT OR NEW CONSTRUCTION SHALL BE DEEMED
TO EQUAL THE MARKET VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVE-
MENT, OR NEW CONSTRUCTION.
(B) NO SUCH EXEMPTION SHALL BE GRANTED FOR RECONSTRUCTION, ALTER-
ATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION UNLESS:
S. 4006 98 A. 3006
(I) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION
WAS COMMENCED SUBSEQUENT TO THE EFFECTIVE DATE OF THE LOCAL LAW OR
RESOLUTION ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND
(II) THE VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW
CONSTRUCTION EXCEEDS THREE THOUSAND DOLLARS; AND
(III) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW
CONSTRUCTION CREATED ONE OR MORE ADDITIONAL RESIDENTIAL DWELLING UNITS
ON THE SAME PARCEL AS THE PREEXISTING RESIDENTIAL BUILDING TO PROVIDE
INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS.
(C) FOR PURPOSES OF THIS SECTION THE TERMS RECONSTRUCTION, ALTERATION,
IMPROVEMENT, AND NEW CONSTRUCTION SHALL NOT INCLUDE ORDINARY MAINTENANCE
AND REPAIRS.
3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
OF SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. THE APPLICA-
TION SHALL BE FILED WITH THE ASSESSOR OF THE CITY, TOWN, VILLAGE OR
COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE
APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY, TOWN, VILLAGE OR COUNTY.
4. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
LEVIES AS HEREIN PROVIDED COMMENCING WITH THE ASSESSMENT ROLL PREPARED
ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVISION THREE
OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO
THIS SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL
WITH THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A
SEPARATE COLUMN.
5. FOR THE PURPOSES OF THIS SECTION, A RESIDENTIAL BUILDING SHALL MEAN
ANY BUILDING OR STRUCTURE DESIGNED AND OCCUPIED EXCLUSIVELY FOR RESIDEN-
TIAL PURPOSES BY NOT MORE THAN TWO FAMILIES.
6. IN THE EVENT THAT A BUILDING GRANTED AN EXEMPTION PURSUANT TO THIS
SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES, OR TITLE
THERETO IS TRANSFERRED TO OTHER THAN THE HEIRS OR DISTRIBUTEES OF THE
OWNER, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
7. (A) A COUNTY, CITY, TOWN OR VILLAGE MAY, BY ITS LOCAL LAW, OR
SCHOOL DISTRICT, BY ITS RESOLUTION:
(I) REDUCE THE PER CENTUM OF EXEMPTION OTHERWISE ALLOWED PURSUANT TO
THIS SECTION;
(II) LIMIT ELIGIBILITY FOR THE EXEMPTION TO THOSE FORMS OF RECON-
STRUCTION, ALTERATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION AS ARE
PRESCRIBED IN SUCH LOCAL LAW OR RESOLUTION.
(B) NO SUCH LOCAL LAW OR RESOLUTION SHALL REPEAL AN EXEMPTION GRANTED
PURSUANT TO THIS SECTION UNTIL THE EXPIRATION OF THE PERIOD FOR WHICH
SUCH EXEMPTION WAS GRANTED.
§ 2. This act shall take effect immediately and shall apply to assess-
ment rolls based on taxable status dates occurring on or after such
effective date.
PART P
Section 1. Paragraph a of subdivision 3 of section 224-a of the labor
law, as added by section 1 of Part FFF of chapter 58 of the laws of
2020, is amended to read as follows:
a. Benefits under section four hundred twenty-one-a OR FOUR HUNDRED
SIXTY-SEVEN-M of the real property tax law;
§ 2. The real property tax law is amended by adding a new section
467-m to read as follows:
S. 4006 99 A. 3006
§ 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI-
PLE DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1.
DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE-
FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE
EXEMPTION FROM REAL PROPERTY TAXATION AUTHORIZED PURSUANT TO THIS
SECTION.
B. "AFFORDABILITY REQUIREMENT" SHALL MEAN THAT WITHIN ANY ELIGIBLE
MULTIPLE DWELLING: (I) NOT LESS THAN TWENTY PERCENT OF THE DWELLING
UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE PERCENT OF
THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE
WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING
UNITS DOES NOT EXCEED SEVENTY PERCENT OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS
FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR
AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE.
C. "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI-
OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI-
LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA
MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
D. "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT; AND (II) ANY OTHER
UNIT THAT MEETS THE AFFORDABILITY REQUIREMENT UPON INITIAL OCCUPANCY AND
UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION
PERIOD, AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS
OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME BANDS
ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT.
E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER-
VATION AND DEVELOPMENT.
F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS.
G. "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
NANCE OF, AN ELIGIBLE MULTIPLE DWELLING, INCLUDING, BUT NOT LIMITED TO,
A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR,
GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW
CLEANER, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER
THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING.
H. "COMMENCEMENT DATE" SHALL MEAN THE DATE UPON WHICH THE ACTUAL
CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH.
I. "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART-
MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF
OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELL-
ING.
J. "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING ON
THE DAY PRECEDING THE COMPLETION DATE.
K. "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH
IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
S. 4006 100 A. 3006
L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN-
TIAL BUILDING TO AN ELIGIBLE MULTIPLE DWELLING.
M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING IN
WHICH: (I) ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED
AS RENTAL HOUSING; (II) SIX OR MORE DWELLING UNITS HAVE BEEN CREATED
THROUGH AN ELIGIBLE CONVERSION; (III) THE COMMENCEMENT DATE IS AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO AND ON OR BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND THIRTY-TWO; AND (IV) THE COMPLETION DATE IS
ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-EIGHT.
N. "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS
OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS,
OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC-
TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR
FROM THE CENTER LINE OF PARTY WALLS.
P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT.
Q. "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOT NOW
EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH
STREET IN THE BOROUGH OF MANHATTAN.
R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN-
TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND,
RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT.
T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
U. "NINETEEN-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERI-
OD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER
THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST FIFTEEN
YEARS OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOP-
MENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER
THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHAT-
TAN PRIME DEVELOPMENT AREA, A THIRTY-FIVE PERCENT EXEMPTION FROM REAL
PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III)
FOR THE SIXTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHAT-
TAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY
TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE
OF THE MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY-EIGHT PERCENT
EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
IMPROVEMENTS; (IV) FOR THE SEVENTEENTH YEAR OF THE RESTRICTION PERIOD,
(A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A THIRTY PERCENT
EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A
TWENTY-ONE PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN
ASSESSMENTS FOR LOCAL IMPROVEMENTS; (V) FOR THE EIGHTEENTH YEAR OF THE
RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A
TWENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS-
MENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME
DEVELOPMENT AREA, A FOURTEEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA-
TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (VI) FOR THE
NINETEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN
PRIME DEVELOPMENT AREA, A TEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA-
TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF
THE MANHATTAN PRIME DEVELOPMENT AREA, A SEVEN PERCENT EXEMPTION FROM
REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
S. 4006 101 A. 3006
V. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A
STRUCTURE HAVING AT LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS
ENCLOSING ALL OR MOST OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE
OR PORTION OF THE STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR
COMMERCIAL, MANUFACTURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN
NINETY PERCENT OF THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION
OF SUCH STRUCTURE, OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS
ACCEPTABLE TO THE AGENCY.
W. "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT
CONTAIN ANY DWELLING UNITS.
X. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA-
TION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE,
AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS
IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SECTION OR AS AMENDED THERE-
AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING
SUBSTANTIALLY THE SAME SUBJECT MATTER.
Y. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
UNITS.
Z. "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE
COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER
TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS.
2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE,
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL
LAW TO THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL,
THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM
REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS,
IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN THIS SECTION, PROVIDED
THAT SUCH ELIGIBLE MULTIPLE DWELLING IS USED OR HELD OUT FOR USE FOR
DWELLING PURPOSES. AN ELIGIBLE MULTIPLE DWELLING THAT MEETS ALL OF THE
REQUIREMENTS OF THIS SECTION SHALL RECEIVE A NINETEEN-YEAR BENEFIT.
3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC
PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM
BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN
AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE
FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS
SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE
MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF
SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO
RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL
TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH
REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO
RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS
SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR
ACCESSORY PARKING SPACE LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE
THE CURB LEVEL.
5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
CERTIFYING ELIGIBILITY FOR AHCC PROGRAM BENEFITS, THE DEPARTMENT OF
FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI-
SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE
ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING.
6. AFFORDABILITY REQUIREMENTS. AN ELIGIBLE MULTIPLE DWELLING SHALL
COMPLY WITH THE FOLLOWING AFFORDABILITY REQUIREMENTS DURING THE
RESTRICTION PERIOD:
S. 4006 102 A. 3006
A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE
UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A
SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON
ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY
ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL-
ING.
B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE RENTAL
MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING
UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS
AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS
SHALL HAVE LESS THAN ONE BEDROOM.
C. NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT
STABILIZATION DURING THE RESTRICTION PERIOD; AND (II) ANY AFFORDABLE
HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY
PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA-
TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA-
TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT.
D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL
CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING
UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS-
ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT
APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
E. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT
REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE, AND
OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC
PROGRAM BENEFITS.
F. NOTHING IN THIS SECTION SHALL: (I) PROHIBIT THE OCCUPANCY OF AN
AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY
TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR
INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH
AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II) PROHIBIT THE
OWNER OF AN ELIGIBLE MULTIPLE DWELLING FROM REQUIRING, UPON INITIAL
RENTAL OR UPON ANY RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY
AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES.
G. FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON
EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE
OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT
EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND,
AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE
HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH
AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUS-
ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER
ENTITY; OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON-
ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING
UNIT AVAILABLE FOR OCCUPANCY.
H. AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY,
TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
OPTION OF THE TENANT.
I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR
CONDOMINIUM OWNERSHIP.
S. 4006 103 A. 3006
J. THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
DEEMS NECESSARY OR APPROPRIATE FOR: (I) THE MARKETING OF AFFORDABLE
HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II)
MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; AND (III)
THE ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS. SUCH
REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONI-
TOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE
MULTIPLE DWELLING.
K. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE
ABSENCE OF AHCC PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT
STABILIZATION.
7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES OF THIS SUBDIVI-
SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY
SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE-
MENT COMPANY OR CONTRACTOR.
B. ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING WAGE
FOR THE DURATION OF THE NINETEEN-YEAR BENEFIT PERIOD, REGARDLESS OF
WHETHER SUCH BENEFITS ARE REVOKED OR TERMINATED.
C. THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER
SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE
MADE TO DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES,
AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE
AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED
TO, DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL
AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL
NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND
CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM-
INE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO,
AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV) TO
HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, THE
ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND
RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA-
TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY
OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS
BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION;
(VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE-
GOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE;
(VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE
PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED
UPON HIM OR HER BY THE PROVISIONS OF THIS SUBDIVISION; AND (IX) TO
PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH B OF
THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK
WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE
AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS THAT
THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
SION, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE
AGENCY.
S. 4006 104 A. 3006
D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN
ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS;
OR (II) AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS
CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI-
DIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR
INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE
HOUSING.
E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION
CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI-
SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION.
UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT
EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT
ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT
SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION.
8. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR
ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
9. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN
OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC
PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR
TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A TAX EXEMPTION
PURSUANT TO THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED
TWENTY-C OF THIS TITLE.
10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC
PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD-
ABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL
OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION
PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMINATED OR
REVOKED.
11. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION
SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
DIES OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT
LAW OR IN EQUITY.
12. MULTIPLE TAX LOTS. IF AN ELIGIBLE MULTIPLE DWELLING CONTAINS
MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE
OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR
AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICA-
TION AND BENEFITS FOR EACH SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE
BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING.
13. APPLICATIONS. A. THE APPLICATION WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NO EARLIER THAN THE
COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF
SUCH ELIGIBLE MULTIPLE DWELLING.
B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL
LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
FILED ELECTRONICALLY.
C. THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA-
TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE
DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE
HUNDRED NINE OF THE EDUCATION LAW. ANY ARCHITECT OR ENGINEER FOUND
GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION
SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE
PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCA-
S. 4006 105 A. 3006
TION LAW AND SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION
PURSUANT TO THIS SECTION.
D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER CHARGES,
AND SEWER RENTS CURRENTLY DUE AND OWING ON THE PROPERTY WHICH IS THE
SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN
TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT
OF FINANCE OR OTHER APPROPRIATE AGENCY.
14. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN
THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA-
TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES:
A. IMPOSING A LESSER FEE FOR AN ELIGIBLE MULTIPLE DWELLING WHOSE
ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF
GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN-
MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOP-
MENT OF AFFORDABLE HOUSING; AND
B. REQUIRING A PORTION OF THE FILING FEE TO BE PAID UPON THE
SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV-
ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER-
SION.
15. RULES. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION,
THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF
THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF
THIS SECTION.
16. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A. ON OR
AFTER THE EXPIRATION DATE OF THE NINETEEN-YEAR BENEFIT, THE AGENCY MAY
IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A PENALTY FOR ANY
VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF THE AFFORDABILITY REQUIRE-
MENTS OF SUBDIVISION SIX OF THIS SECTION.
B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A
PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE
ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE-
FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL
ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU-
ANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST
THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION
OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE MULTIPLE
DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION.
D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO
THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI-
SONMENT NOT TO EXCEED SIX MONTHS.
§ 3. This act shall take effect immediately.
PART Q
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $12,830,000 for the fiscal
year ending March 31, 2024. Notwithstanding any other provision of law,
and subject to the approval of the New York state director of the budg-
et, the board of directors of the state of New York mortgage agency
shall authorize the transfer to the housing trust fund corporation, for
the purposes of reimbursing any costs associated with neighborhood pres-
ervation program contracts authorized by this section, a total sum not
to exceed $12,830,000, such transfer to be made from (i) the special
account of the mortgage insurance fund created pursuant to section
2429-b of the public authorities law, in an amount not to exceed the
S. 4006 106 A. 3006
actual excess balance in the special account of the mortgage insurance
fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2022-2023 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2023.
§ 2. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed $5,360,000 for the fiscal year ending March
31, 2024. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural preservation program
contracts authorized by this section, a total sum not to exceed
$5,360,000, such transfer to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the special account of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the fiscal year
2022-2023 in accordance with section 2429-b of the public authorities
law, if any, and/or (ii) provided that the reserves in the project pool
insurance account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes of such account,
the project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later than June 30,
2023.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $21,710,000 for the fiscal year ending March
31, 2024. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$21,710,000, such transfer to be made from (i) the special account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law, in an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2022-2023 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
project pool insurance account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating, as determined by the state of
New York mortgage agency, required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
S. 4006 107 A. 3006
fund, such transfer shall be made as soon as practicable but no later
than June 30, 2023.
§ 4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under such programs, in accordance with the requirements
of such programs, a sum not to exceed $50,781,000 for the fiscal year
ending March 31, 2024. The homeless housing and assistance corporation
may enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
such programs. Notwithstanding any other provision of law, and subject
to the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage agency shall authorize
the transfer to the homeless housing and assistance corporation, a total
sum not to exceed $50,781,000, such transfer to be made from (i) the
special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2022-2023 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating as determined by
the state of New York mortgage agency, required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer shall be made as soon as practi-
cable but no later than March 31, 2024.
§ 5. This act shall take effect immediately.
PART R
Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of
section 421-a of the real property tax law, as amended by section 3 of
part TTT of chapter 59 of the laws of 2017, is amended to read as
follows:
(xxviii) "Eligible multiple dwelling" shall mean a multiple dwelling
or homeownership project containing six or more dwelling units created
through new construction or eligible conversion for which the commence-
ment date is after December thirty-first, two thousand fifteen and on or
before June fifteenth, two thousand twenty-two, and for which the
completion date is on or before June fifteenth, two thousand [twenty-
six] THIRTY.
§ 2. This act shall take effect immediately.
PART S
Section 1. Section 652 of the labor law is amended by adding a new
subdivision 1-a to read as follows:
1-A. ANNUAL MINIMUM WAGE INCREASE. (A) NEW YORK CITY. ON AND AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, EVERY EMPLOYER REGARD-
LESS OF SIZE SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN
THE CITY OF NEW YORK, A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE
RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM
WAGE RATE SHALL BE DETERMINED BY INCREASING THE CURRENT YEAR'S MINIMUM
S. 4006 108 A. 3006
WAGE RATE BY THE LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN THE
AVERAGE OF THE MOST RECENT PERIOD BETWEEN THE FIRST OF AUGUST AND THE
THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE MONTHS PUBLISHED BY THE
UNITED STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE
INDEX FOR NORTHEAST REGION URBAN WAGE EARNERS AND CLERICAL WORKERS
(CPI-W) OR ANY SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES
DEPARTMENT OF LABOR.
(B) REMAINDER OF DOWNSTATE. ON AND AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-THREE, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES
FOR EACH HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHES-
TER, A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED
ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE
DETERMINED BY INCREASING THE CURRENT YEAR'S MINIMUM WAGE RATE BY THE
LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN THE AVERAGE OF THE
MOST RECENT PERIOD BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF
JULY OVER THE PRECEDING TWELVE MONTHS FOR THE NORTHEAST REGION CPI-W OR
ANY SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF
LABOR.
(C) REMAINDER OF STATE. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-THREE, IN THE YEAR FOLLOWING THE YEAR THE MINIMUM WAGE RATE
EQUALS FIFTEEN DOLLARS FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW
YORK AND THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, EVERY EMPLOYER SHALL PAY TO EACH OF ITS
EMPLOYEES FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK AND THE
COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER A WAGE OF NOT LESS THAN THE
ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER.
SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED BY INCREASING THE
CURRENT YEAR'S MINIMUM WAGE RATE BY THE LESSER OF THREE PERCENT AND THE
RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD BETWEEN THE
FIRST OF AUGUST AND THE THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE
MONTHS FOR THE NORTHEAST REGION CPI-W OR ANY SUCCESSOR INDEX AS CALCU-
LATED BY THE UNITED STATES DEPARTMENT OF LABOR.
(D) NOTWITHSTANDING PARAGRAPHS (A), (B), AND (C) OF THIS SUBDIVISION,
THE MINIMUM WAGE FOR A HOME CARE AIDE AS DEFINED IN SECTION THIRTY-SIX
HUNDRED FOURTEEN-C OF THE PUBLIC HEALTH LAW SHALL BE SET BY SUBDIVISIONS
TWO AND THREE OF SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF THE PUBLIC
HEALTH LAW.
(E) EXCEPTIONS. NOTWITHSTANDING PARAGRAPHS (A), (B) AND (C) OF THIS
SUBDIVISION, THERE SHALL BE NO INCREASE IN THE MINIMUM WAGE IN THE STATE
FOR THE FOLLOWING YEAR IF:
(I) THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD OF THE
FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY OVER THE PRECEDING PERIOD OF
THE FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY FOR THE NORTHEAST REGION
CPI-W IS NEGATIVE;
(II) THE THREE-MONTH MOVING AVERAGE OF THE SEASONALLY ADJUSTED NEW
YORK STATE UNEMPLOYMENT RATE AS DETERMINED BY THE U-3 MEASURE OF LABOR
UNDERUTILIZATION FOR THE MOST RECENT PERIOD ENDING THE THIRTY-FIRST OF
JULY AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR RISES BY
ONE-HALF PERCENTAGE POINT OR MORE RELATIVE TO ITS LOW DURING THE PREVI-
OUS TWELVE MONTHS; OR
(III) SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR NEW YORK
STATE IN JULY, CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR,
DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOYMENT FOR
NEW YORK STATE IN APRIL, AND SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOY-
MENT FOR NEW YORK STATE IN JULY, CALCULATED BY THE UNITED STATES DEPART-
S. 4006 109 A. 3006
MENT OF LABOR, DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM
EMPLOYMENT FOR NEW YORK STATE IN JANUARY.
(F) THE COMMISSIONER SHALL PUBLISH THE ADJUSTED MINIMUM WAGE RATES NO
LATER THAN THE FIRST OF OCTOBER OF EACH YEAR TO TAKE EFFECT ON THE THIR-
TY-FIRST DAY OF DECEMBER. THE COMMISSIONER SHALL PUBLISH THE ADJUSTED
MINIMUM WAGE RATES THAT WILL GO INTO EFFECT ON DECEMBER THIRTY-FIRST,
TWO THOUSAND TWENTY-THREE NO LATER THAN OCTOBER FIRST, TWO THOUSAND
TWENTY-THREE.
§ 2. Subdivisions 2, 4 and 5 of section 652 of the labor law, subdivi-
sion 2 as amended by chapter 38 of the laws of 1990, the opening para-
graph of subdivision 2 as amended by section 6 of part II of chapter 58
of the laws of 2020, and subdivisions 4 and 5 as amended by section 2 of
part K of chapter 54 of the laws of 2016, are amended to read as
follows:
2. Existing wage orders. The minimum wage orders in effect on the
effective date of this act shall remain in full force and effect, except
as modified in accordance with the provisions of this article; provided,
however, that the minimum wage order for farm workers codified at part
one hundred ninety of title twelve of the New York code of rules and
regulations in effect on January first, two thousand twenty shall be
deemed to be a wage order established and adopted under this article and
shall remain in full force and effect except as modified in accordance
with the provisions of this article or article nineteen-A of this chap-
ter.
Such minimum wage orders shall be modified by the commissioner to
increase all monetary amounts specified therein in the same proportion
as the increase in the hourly minimum wage as provided in [subdivision]
SUBDIVISIONS one AND ONE-A of this section, including the amounts speci-
fied in such minimum wage orders as allowances for gratuities, and when
furnished by the employer to its employees, for meals, lodging, apparel
and other such items, services and facilities. All amounts so modified
shall be rounded off to the nearest five cents. The modified orders
shall be promulgated by the commissioner without a public hearing, and
without reference to a wage board, and shall become effective on the
effective date of such increases in the minimum wage except as otherwise
provided in this subdivision, notwithstanding any other provision of
this article.
4. Notwithstanding subdivisions one, ONE-A and two of this section,
the wage for an employee who is a food service worker receiving tips
shall be a cash wage of at least two-thirds of the minimum wage rates
set forth in subdivision one of this section, rounded to the nearest
five cents or seven dollars and fifty cents, whichever is higher,
provided that the tips of such an employee, when added to such cash
wage, are equal to or exceed the minimum wage in effect pursuant to
[subdivision] SUBDIVISIONS one AND ONE-A of this section and provided
further that no other cash wage is established pursuant to section six
hundred fifty-three of this article.
5. Notwithstanding subdivisions one, ONE-A and two of this section,
meal and lodging allowances for a food service worker receiving a cash
wage pursuant to subdivision four of this section shall not increase
more than two-thirds of the increase required by subdivision two of this
section as applied to state wage orders in effect pursuant to [subdivi-
sion] SUBDIVISIONS one AND ONE-A of this section.
§ 3. Section 3614-f of the public health law, as added by section 1 of
part XX of chapter 56 of the laws of 2022, is amended to read as
follows:
S. 4006 110 A. 3006
§ 3614-f. Home care minimum wage increase. 1. For the purpose of this
section, "home care aide" shall have the same meaning as defined in
section thirty-six hundred fourteen-c of this article.
2. [In addition to the otherwise applicable minimum wage under section
six hundred fifty-two of the labor law, or any otherwise applicable wage
rule or order under article nineteen of the labor law] NOTWITHSTANDING
ANY INCREASE TO THE MINIMUM WAGE UNDER PARAGRAPH (A), (B), OR (C) OF
SUBDIVISION ONE-A OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, the
minimum wage for a home care aide shall be increased by an amount of
three dollars and zero cents FROM THE MINIMUM WAGE ESTABLISHED UNDER
SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW FOR
EACH REGION OF THE STATE in accordance with the following schedule:
(a) beginning October first, two thousand twenty-two, the minimum wage
for a home care aide shall be increased by an amount of two dollars and
zero cents, and
(b) beginning October first, two thousand twenty-three, the minimum
wage for a home care aide shall be increased by an additional amount of
one dollar and zero cents.
3. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, THE
MINIMUM WAGE FOR A HOME CARE AIDE SHALL BE THE GREATER OF EITHER:
(A) THE RATE ESTABLISHED IN ACCORDANCE WITH SUBDIVISION TWO OF THIS
SECTION; OR
(B) THE RATE ESTABLISHED IN ACCORDANCE WITH SECTION SIX HUNDRED
FIFTY-TWO OF THE LABOR LAW.
4. AT NO TIME SHALL THE MINIMUM WAGE FOR A HOME CARE AIDE BE HIGHER
THAN EIGHTEEN DOLLARS UNTIL SUCH TIME AS THE MINIMUM WAGE RATE PURSUANT
TO SUBDIVISION ONE-A OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW
IN THE LOCALITY OF THE STATE IN WHICH SUCH HOME CARE AIDE WORKS IS HIGH-
ER THAN EIGHTEEN DOLLARS.
5. Where any home care aide is paid less than WHAT IS required [by
subdivision] UNDER SUBDIVISIONS two AND THREE of this section, the home
care aide, or the commissioner of labor acting on behalf of the home
care aide, may bring a civil action under article six or nineteen of the
labor law; provided that this shall not preclude the commissioner of
labor from taking direct administrative enforcement action under article
six of the labor law.
§ 4. This act shall take effect immediately.
PART T
Section 1. Legislative findings. The legislature finds that both with-
in the city of New York and across the United States, over the past
several decades, income inequality has expanded and that poverty is
frequently concentrated in economically disadvantaged regions. The
legislature also finds that economic disparities among individuals and
across communities have further expanded due to the economic and health
effects of the virus known as COVID-19. The purpose of this legislation
is to remediate these economic disparities by authorizing the city of
New York, the city school district of the city of New York, the New York
city school construction authority, the New York city health and hospi-
tals corporation, the New York city industrial development agency, and
other city-affiliated not-for-profit corporations to use the economic
power of their transactions to implement programs by administrative rule
requiring contractors and subcontractors benefitting from such trans-
actions to make best efforts to employ qualified economically disadvan-
S. 4006 111 A. 3006
taged candidates and qualified candidates from economically disadvan-
taged regions.
§ 2. The New York city charter is amended by adding a new chapter 79
to read as follows:
CHAPTER 79
COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
§ 3501. ABSORPTION HIRE. THE TERM "ABSORPTION HIRE" MEANS AN INDIVIDUAL
WHO FILLS A BUILDING SERVICE OPPORTUNITY AND WHO:
(1) WAS EMPLOYED TO PERFORM BUILDING SERVICE WORK WITHIN THE PRECEDING
SIX MONTHS AT THE SAME FACILITY TO WHICH SUCH INDIVIDUAL IS ASSIGNED; OR
(2) FILLS SUCH BUILDING SERVICE OPPORTUNITY AS A RESULT OF A REASSIGN-
MENT BY A CONTRACTOR OR SUBCONTRACTOR, AS APPLICABLE, DUE TO A DISPLACE-
MENT CAUSED BY THE CLOSURE OF ANOTHER FACILITY, A STAFFING REDUCTION AT
ANOTHER FACILITY, OR ANY OTHER SIMILAR EVENT.
APPRENTICE. THE TERM "APPRENTICE" MEANS AN INDIVIDUAL WHO IS RECEIVING
TRAINING AND PERFORMING LABOR PURSUANT TO AN APPRENTICESHIP AGREEMENT.
APPRENTICESHIP AGREEMENT. THE TERM "APPRENTICESHIP AGREEMENT" MEANS AN
AGREEMENT, AS SUCH TERM IS DEFINED BY SECTION EIGHT HUNDRED SIXTEEN OF
THE LABOR LAW, THAT HAS BEEN REGISTERED WITH, AND APPROVED BY, THE
COMMISSIONER OF LABOR OF THE STATE OF NEW YORK PURSUANT TO ARTICLE TWEN-
TY-THREE OF THE LABOR LAW.
BUILDING SERVICE OPPORTUNITY. THE TERM "BUILDING SERVICE OPPORTUNITY"
MEANS AN EMPLOYMENT OPPORTUNITY TO PERFORM BUILDING SERVICE WORK.
BUILDING SERVICE OPPORTUNITY LABOR HOUR. THE TERM "BUILDING SERVICE
OPPORTUNITY LABOR HOUR" MEANS A LABOR HOUR PERFORMED BY AN INDIVIDUAL
EMPLOYED TO FILL A BUILDING SERVICE OPPORTUNITY.
BUILDING SERVICE WORK. THE TERM "BUILDING SERVICE WORK" MEANS THE
CLASSIFICATIONS OF LABOR THAT THE APPLICABLE FISCAL OFFICER HAS IDENTI-
FIED AS CONSISTENT WITH SECTION TWO HUNDRED THIRTY OF THE LABOR LAW,
REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES BUILDING SERVICE WORK FOR
WHICH WORKERS ARE ENTITLED TO PREVAILING WAGE PURSUANT TO ARTICLE NINE
OF THE LABOR LAW.
CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION. THE TERM "CITY-AFFILIATED
NOT-FOR-PROFIT CORPORATION" MEANS A LOCAL DEVELOPMENT CORPORATION OR
OTHER NOT-FOR-PROFIT CORPORATION, A MAJORITY OF WHOSE MEMBERS ARE
APPOINTED BY THE MAYOR.
CONSTRUCTION. THE TERM "CONSTRUCTION" MEANS:
(1) ANY LABOR OF A TYPE THAT THE APPLICABLE FISCAL OFFICER, AS DEFINED
IN PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE
LABOR LAW, HAS IDENTIFIED IN A PUBLISHED SCHEDULE AS A CLASSIFICATION OF
WORK PERFORMED BY LABORERS, WORKMEN OR MECHANICS, REGARDLESS OF WHETHER
SUCH LABOR CONSTITUTES PUBLIC WORK PURSUANT TO SUCH SECTION; AND
(2) ANY ADDITIONAL TYPES OF LABOR IDENTIFIED BY THE DIRECTOR BY RULE,
PROVIDED THAT SUCH LABOR SHALL NOT INCLUDE BUILDING SERVICE WORK.
CONTRACTOR. THE TERM "CONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPO-
RATION, PARTNERSHIP, OR OTHER ENTITY THAT HAS ENTERED INTO A TRANSACTION
WITH THE CITY, EXCEPT THAT THE TERM "CONTRACTOR" DOES NOT INCLUDE:
(1) ANY GOVERNMENTAL ENTITY;
(2) ANY MICROBUSINESS, OTHER THAN A MICROBUSINESS PERFORMING
CONSTRUCTION WORK UNDER A TRANSACTION; OR
(3) ANY LABOR ORGANIZATION.
DIRECTOR. THE TERM "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF
COMMUNITY HIRING AND WORKFORCE DEVELOPMENT OR HIS OR HER DESIGNEE.
ECONOMICALLY DISADVANTAGED CANDIDATE. THE TERM "ECONOMICALLY DISADVAN-
TAGED CANDIDATE" MEANS AN INDIVIDUAL:
S. 4006 112 A. 3006
(1) WHOSE INCOME OR HOUSEHOLD INCOME FALLS BELOW AN APPLICABLE QUANTI-
TATIVE THRESHOLD DETERMINED BY THE DIRECTOR, PROVIDED THAT SUCH INCOME
SHALL NOT INCLUDE ANY TYPES OF PUBLIC BENEFITS PROVIDED BY THE FEDERAL
GOVERNMENT OR A STATE OR LOCAL GOVERNMENT AND IDENTIFIED BY THE DIREC-
TOR; AND
(2) WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS.
ECONOMICALLY DISADVANTAGED REGION. THE TERM "ECONOMICALLY DISADVAN-
TAGED REGION" MEANS AN AREA, REPRESENTED BY ITS ZIP CODE, IN WHICH AT
LEAST FIFTEEN PERCENT OF RESIDENTS HAVE HOUSEHOLD INCOMES BELOW THE
FEDERAL POVERTY THRESHOLD.
ECONOMICALLY DISADVANTAGED REGION CANDIDATE. THE TERM "ECONOMICALLY
DISADVANTAGED REGION CANDIDATE" MEANS AN INDIVIDUAL WHO IS CERTIFIED AS
MEETING ALL APPLICABLE REQUIREMENTS AND WHO IS A:
(1) RESIDENT OF AN ADDRESS WITHIN AN ECONOMICALLY DISADVANTAGED
REGION;
(2) RESIDENT OF A BUILDING THAT IS:
(I) OWNED OR OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY; AND
(II) SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINE-
TEEN HUNDRED THIRTY-SEVEN, AS AMENDED; OR
(3) RESIDENT OF A DWELLING UNIT THAT IS:
(I) SUBJECT TO A REGULATORY AGREEMENT WITH A FEDERAL, STATE OR LOCAL
GOVERNMENT AGENCY REQUIRING THAT OCCUPANCY OF SUCH UNIT BE RESTRICTED
BASED ON THE INCOME OF THE OCCUPANTS; AND
(II) LOCATED IN A BUILDING THAT WAS PREVIOUSLY OPERATED BY THE NEW
YORK CITY HOUSING AUTHORITY, WAS PREVIOUSLY SUBJECT TO SECTION NINE OF
THE UNITED STATES HOUSING ACT OF NINETEEN HUNDRED THIRTY-SEVEN, AS
AMENDED, AND IS SUBJECT TO SECTION EIGHT OF SUCH ACT.
EMPLOYMENT OPPORTUNITY. THE TERM "EMPLOYMENT OPPORTUNITY" MEANS A
VACANCY IN A POSITION TO PERFORM SERVICES UNDER A TRANSACTION.
EXEMPT TRANSACTION. THE TERM "EXEMPT TRANSACTION" INCLUDES ANY:
(1) CONTRACT PROCURED PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE
STATE FINANCE LAW;
(2) CONTRACT FOR THE PERFORMANCE OF SERVICES BY A CITY-AFFILIATED
NOT-FOR-PROFIT CORPORATION;
(3) CONTRACT THE PRINCIPAL PURPOSE OF WHICH IS THE SUPPLY OF GOODS;
(4) CONTRACT IN AN AMOUNT BELOW THE SMALL PURCHASE THRESHOLD SET
PURSUANT TO THE AUTHORITY AND PROCEDURE SET FORTH IN SUBDIVISION A OF
SECTION THREE HUNDRED FOURTEEN OF THIS CHARTER;
(5) CONTRACT FOR CONFIDENTIAL OR INVESTIGATIVE SERVICES OR ANY OTHER
TYPE OF CONTRACT EXCLUDED BY A RULE ADOPTED BY THE DIRECTOR BASED ON A
DETERMINATION THAT THE APPLICATION OF GOALS UNDER THIS PROGRAM WOULD
SUBSTANTIALLY UNDERMINE THE PRIMARY OBJECTIVE OF THAT TYPE OF CONTRACT;
(6) CONTRACT SUBJECT TO FEDERAL OR STATE FUNDING REQUIREMENTS THAT
PRECLUDE OR SUBSTANTIALLY CONFLICT WITH THE APPLICATION OF GOALS UNDER
THIS PROGRAM;
(7) CONTRACT FOR EMERGENCY DEMOLITION SERVICES PROCURED BY THE DEPART-
MENT OF HOUSING PRESERVATION AND DEVELOPMENT PURSUANT TO THE PROCEDURE
SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER; OR
(8) A CONTRACT FOR WHICH CONTRACTOR SELECTION IS MADE BY AN ELECTED
OFFICIAL OTHER THAN THE MAYOR OR AN AGENCY OTHER THAN A MAYORAL AGENCY,
EXCEPT AS OTHERWISE PROVIDED BY RULE BY THE DIRECTOR.
LABOR ORGANIZATION. THE TERM "LABOR ORGANIZATION" HAS THE MEANING
PROVIDED IN SECTION ONE HUNDRED FIFTY-TWO OF TITLE TWENTY-NINE OF THE
UNITED STATES CODE, OR ANY SUCCESSOR PROVISION.
MAYORAL AGENCY. THE TERM "MAYORAL AGENCY" INCLUDES:
(1) ANY AGENCY THE HEAD OF WHICH IS APPOINTED BY THE MAYOR;
S. 4006 113 A. 3006
(2) ANY AGENCY HEADED BY A BOARD, COMMISSION, OR OTHER MULTI-MEMBER
BODY, THE MAJORITY OF THE MEMBERSHIP OF WHICH IS APPOINTED BY THE MAYOR;
AND
(3) THE OFFICE OF THE MAYOR.
MICROBUSINESS. THE TERM "MICROBUSINESS" MEANS AN INDIVIDUAL, COMPANY,
CORPORATION, PARTNERSHIP, OR OTHER ENTITY THAT EMPLOYS NO LESS THAN ONE
EMPLOYEE AND NO MORE THAN NINE EMPLOYEES.
MWBE. THE TERM "MWBE" MEANS A BUSINESS CERTIFIED AS A MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THIS CHARTER.
PROJECT LABOR AGREEMENT. THE TERM "PROJECT LABOR AGREEMENT" MEANS A
PRE-HIRE COLLECTIVE BARGAINING AGREEMENT ENTERED INTO BETWEEN THE CITY
AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION
ESTABLISHING THE LABOR ORGANIZATION OR ITS AFFILIATES AS THE COLLECTIVE
BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM CONSTRUCTION
WORK ON A TRANSACTION, PROVIDED SUCH AGREEMENT:
(1) PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-
NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM SUCH WORK
ON SUCH TRANSACTION; AND
(2) INCLUDES GOALS FOR THE EMPLOYMENT OF QUALIFIED ECONOMICALLY DISAD-
VANTAGED REGION CANDIDATES TO PERFORM SUCH WORK.
REFERRAL SOURCE. THE TERM "REFERRAL SOURCE" MEANS AN INDIVIDUAL,
COMPANY, CORPORATION, PARTNERSHIP, AGENCY, UNION REFERRAL SYSTEM, OR
OTHER ENTITY SELECTED PURSUANT TO PARAGRAPH THREE OF SUBDIVISION A OF
SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHAPTER TO MAKE REFERRALS OF
CANDIDATES TO CONTRACTORS, PROSPECTIVE CONTRACTORS, SUBCONTRACTORS, AND
PROSPECTIVE SUBCONTRACTORS FOR THE PURPOSES OF MEETING THE APPLICABLE
EMPLOYMENT GOALS SET FORTH IN SUCH SECTION; PROVIDED THAT UNION REFERRAL
SYSTEMS THAT HAVE AFFILIATED REGISTERED APPRENTICE PROGRAMS WITH DIRECT
ENTRY ACCESS FROM PRE-APPRENTICE PROGRAMS THAT ARE COMPLIANT WITH UNITED
STATES DEPARTMENT OF LABOR OR NEW YORK STATE DEPARTMENT OF LABOR REGU-
LATIONS, AS WELL AS UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT
PROGRAMS, SHALL BE DEEMED AN APPROVED REFERRAL SOURCE FOR THE PURPOSES
OF PARAGRAPH THREE OF SUBDIVISION A OF SECTION THIRTY-FIVE HUNDRED TWO
OF THIS CHAPTER.
SMALL BUSINESS. THE TERM "SMALL BUSINESS" MEANS AN ENTITY THAT:
(1) IS INDEPENDENTLY OWNED AND OPERATED; AND
(2) HAS ANNUAL GROSS REVENUES NOT EXCEEDING FIVE MILLION DOLLARS OR A
LESSER AMOUNT ESTABLISHED BY THE DIRECTOR BY RULE.
SUBCONTRACTOR. THE TERM "SUBCONTRACTOR" MEANS AN INDIVIDUAL, COMPANY,
CORPORATION, PARTNERSHIP OR OTHER ENTITY THAT HAS ENTERED INTO AN AGREE-
MENT WITH A CONTRACTOR OR ANOTHER SUBCONTRACTOR IN ORDER TO PERFORM
SERVICES OR ANY OTHER OBLIGATION UNDER A TRANSACTION, PROVIDED THAT SUCH
AGREEMENT INVOLVES THE PERFORMANCE OF CONSTRUCTION WORK OF ANY VALUE, OR
THE TOTAL DOLLAR VALUE OF SUCH AGREEMENT EXCEEDS TWENTY THOUSAND
DOLLARS, AND FURTHER PROVIDED THAT THE TERM "SUBCONTRACTOR" DOES NOT
INCLUDE:
(1) EMPLOYEES;
(2) GOVERNMENTAL ENTITIES;
(3) MICROBUSINESSES, OTHER THAN MICROBUSINESSES PERFORMING
CONSTRUCTION WORK UNDER A TRANSACTION; OR
(4) LABOR ORGANIZATIONS.
TRANSACTION. THE TERM "TRANSACTION" MEANS, A PROCUREMENT CONTRACT
EXCEPT THAT THE TERM "TRANSACTION" SHALL NOT INCLUDE ANY EXEMPT TRANS-
ACTION.
S. 4006 114 A. 3006
§ 3502. OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT. A.
OFFICE ESTABLISHED. THE MAYOR SHALL ESTABLISH AN OFFICE OF COMMUNITY
HIRING AND WORKFORCE DEVELOPMENT. SUCH OFFICE MAY BE ESTABLISHED AS A
SEPARATE OFFICE OR WITHIN ANY DEPARTMENT THE HEAD OF WHICH IS APPOINTED
BY THE MAYOR. THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
SHALL BE HEADED BY A DIRECTOR WHO SHALL BE APPOINTED BY THE MAYOR OR
HEAD OF SUCH DEPARTMENT. THE DIRECTOR SHALL, AS THE DIRECTOR DEEMS
APPROPRIATE, ADOPT RULES CONSISTENT WITH THE PURPOSE OF THIS CHAPTER
RELATING TO EMPLOYMENT GOALS ON TRANSACTIONS, INCLUDING RULES:
(1) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO AGREE TO PUBLICLY
DISCLOSE EMPLOYMENT OPPORTUNITIES;
(2) ESTABLISHING A PROCEDURE FOR THE CERTIFICATION OF INDIVIDUALS AS
ECONOMICALLY DISADVANTAGED CANDIDATES, ECONOMICALLY DISADVANTAGED REGION
CANDIDATES, OR BOTH, PROVIDED THAT SUCH CERTIFICATION PROCEDURE SHALL,
TO THE EXTENT THE DIRECTOR DEEMS FEASIBLE, USE DATA SOURCES AND ADMINIS-
TRATIVE PROCESSES ESTABLISHED OR MAINTAINED BY THE CITY FOR OTHER
PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON
CONTRACTORS, SUBCONTRACTORS, AND INDIVIDUALS;
(3) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR MAY APPROVE REFER-
RAL SOURCES FOR THE PURPOSES OF THIS SECTION, WHEREBY THE DIRECTOR
SHALL:
(I) PUBLICLY RELEASE A REFERRAL SOURCE SOLICITATION THAT INCLUDES A
DESCRIPTION OF FUNCTIONS OF A REFERRAL SOURCE, THE MANNER IN WHICH
RESPONSES MUST BE SUBMITTED, AND THE CRITERIA BY WHICH RESPONDING ENTI-
TIES WILL BE APPROVED, AND AUTHORIZE ONE OR MORE ENTITIES, AS APPROPRI-
ATE, TO FUNCTION AS REFERRAL SOURCES, BASED ON THE CRITERIA INCLUDED IN
THE SOLICITATION;
(II) AUTHORIZE AN AGENCY IN WRITING TO FUNCTION AS A REFERRAL SOURCE;
(III) AUTHORIZE, IN WRITING, AN ENTITY ENGAGED PURSUANT TO AN AGREE-
MENT WITH AN AGENCY FOR EMPLOYMENT RECRUITMENT SERVICES OR OTHER WORK-
FORCE DEVELOPMENT SERVICES TO FUNCTION AS A REFERRAL SOURCE; OR
(IV) IDENTIFY AND DEEM UNION REFERRAL SYSTEMS THAT HAVE AFFILIATED
REGISTERED APPRENTICE PROGRAMS WITH DIRECT ENTRY ACCESS FROM PRE-APPREN-
TICE PROGRAMS AND THAT ARE COMPLIANT WITH UNITED STATES DEPARTMENT OF
LABOR OR NEW YORK STATE DEPARTMENT OF LABOR REGULATIONS, AS WELL AS
UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT PROGRAMS, AS APPROVED
REFERRAL SYSTEMS;
(4) ESTABLISHING A PROCEDURE THROUGH WHICH THE DIRECTOR MAY PROVIDE
INFORMATION REGARDING REFERRAL SOURCES TO CONTRACTORS, SUBCONTRACTORS,
PROSPECTIVE CONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS;
(5) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR SHALL MONITOR AND
CRITERIA BY WHICH THE DIRECTOR SHALL EVALUATE THE PERFORMANCE OF EACH
REFERRAL SOURCE ON AN ANNUAL BASIS, AND WHERE THE DIRECTOR DETERMINES
THAT A REFERRAL SOURCE HAS PERFORMED INADEQUATELY, TERMINATE OR SUSPEND
THE REFERRAL SOURCE;
(6) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW,
AS APPROPRIATE, AND TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED
REGION CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO BUILDING
SERVICE WORK BASED ON:
(I) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITIES FILLED BY ECONOM-
ICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT IN CALCULATING
SUCH GOALS, ABSORPTION HIRES SHALL NOT BE CONSIDERED; OR
(II) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITY LABOR HOURS
PERFORMED BY ECONOMICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT
IN CALCULATING SUCH GOALS, BUILDING SERVICE OPPORTUNITY LABOR HOURS
PERFORMED BY ABSORPTION HIRES SHALL NOT BE CONSIDERED;
S. 4006 115 A. 3006
(7) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO AGREE TO MAKE BEST
EFFORTS TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES
TO PERFORM NO LESS THAN THIRTY PERCENT OF THE CUMULATIVE HOURS OF
CONSTRUCTION LABOR ON TRANSACTIONS INVOLVING CONSTRUCTION WORK, AND
ADDITIONALLY REQUIRING, TO THE EXTENT FEASIBLE CONSISTENT WITH THE MAXI-
MUM RATIOS OF APPRENTICES TO JOURNEY-LEVEL WORKERS ESTABLISHED BY THE
NEW YORK STATE DEPARTMENT OF LABOR, THAT SUCH CONTRACTORS AND SUBCON-
TRACTORS AGREE TO MAKE BEST EFFORTS TO EMPLOY APPRENTICES WHO ARE QUALI-
FIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES TO PERFORM NO LESS
THAN NINE PERCENT OF SUCH CUMULATIVE HOURS OF CONSTRUCTION LABOR,
PROVIDED THAT LABOR PERFORMED BY APPRENTICES WHO ARE QUALIFIED ECONOM-
ICALLY DISADVANTAGED REGION CANDIDATES SHALL BE CREDITED TOWARDS THE
ACHIEVEMENT OF BOTH EMPLOYMENT GOALS SET FORTH IN THIS PARAGRAPH, AND
FURTHER PROVIDED THAT PRIOR TO RELEASING A SOLICITATION FOR A TRANS-
ACTION OR OTHERWISE INITIATING A PROCESS FOR ENTERING INTO A TRANS-
ACTION, AS APPLICABLE, THE DIRECTOR MAY WAIVE SUCH REQUIREMENTS WHERE
THE DIRECTOR DETERMINES IN WRITING THAT SUCH WAIVER IS IN THE BEST
INTEREST OF THE CITY;
(8) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW
AND TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES IN ORDER
TO MEET EMPLOYMENT GOALS RELATING TO WORK THAT NEITHER INVOLVES
CONSTRUCTION WORK NOR BUILDING SERVICE WORK, AND ESTABLISHING SUCH GOALS
BASED ON:
(I) THE PERCENTAGE OF THE CUMULATIVE HOURS OF LABOR PERFORMED BY SUCH
CANDIDATES;
(II) THE PERCENTAGE OF EMPLOYMENT OPPORTUNITIES FILLED BY SUCH CANDI-
DATES; OR
(III) THE TOTAL VALUE OF THE TRANSACTION;
(9) REQUIRING SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTER-
VIEW, AS APPROPRIATE, AND TO EXTEND OFFERS OF EMPLOYMENT TO QUALIFIED
CANDIDATES IN ORDER TO MEET ANY EMPLOYMENT GOALS DESCRIBED IN PARAGRAPH
SIX OR EIGHT OF THIS SUBDIVISION AND ESTABLISHED PURSUANT TO RULES
ADOPTED BY THE DIRECTOR;
(10) ESTABLISHING A SCHEDULE OF CIVIL PENALTIES, BASED ON FACTORS
INCLUDING BUT NOT LIMITED TO A CONTRACTOR'S INDUSTRY OR ANY RELEVANT
OCCUPATIONS EMPLOYED BY A CONTRACTOR OR SUBCONTRACTOR, THAT THE DIRECTOR
OR AN APPLICABLE AGENCY MAY IMPOSE ON A CONTRACTOR DUE TO THE CONTRAC-
TOR'S OR SUBCONTRACTOR'S NON-COMPLIANCE WITH AN OBLIGATION CREATED
PURSUANT TO THIS SECTION AND A PROCEDURE FOR THE IMPOSITION OF SUCH
PENALTIES, WHICH WILL NOT EXCLUDE OTHER REMEDIES ESTABLISHED IN THIS
CHARTER OR ANY OTHER LAW, PROVIDED THAT ANY CIVIL PENALTIES IMPOSED
PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED
DOLLARS FOR EACH NON-COMPLIANCE WITH SUCH AN OBLIGATION OR EACH FAILURE
TO CORRECT SUCH NON-COMPLIANCE, AND FURTHER PROVIDED THAT WHEN PROMUL-
GATING RULES ESTABLISHING OR AMENDING SUCH A SCHEDULE OF CIVIL PENAL-
TIES, THE DIRECTOR SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH PENALTIES
ON CONTRACTORS AND SUBCONTRACTORS THAT ARE MWBES, NOT-FOR-PROFIT CORPO-
RATIONS, OR SMALL BUSINESSES;
(11) DESIGNATING PAPER OR ELECTRONIC FORMATS FOR THE SUBMISSION OF
DOCUMENTS RELATED TO THE SELECTION AND OPERATION OF REFERRAL SOURCES AND
CONTRACTORS AND SUBCONTRACTORS SUBJECT TO GOALS PURSUANT TO PARAGRAPHS
SIX THROUGH NINE OF THIS SUBDIVISION, AS APPLICABLE, INCLUDING BUT NOT
LIMITED TO, DOCUMENTS CONTAINING INFORMATION REQUIRED PURSUANT TO PARA-
GRAPHS ONE AND THREE OF THIS SUBDIVISION AND SUBDIVISION C AND SUBPARA-
GRAPHS (E) AND (F) OF PARAGRAPH ONE OF SUBDIVISION D OF THIS SECTION;
SOLICITATION DOCUMENTS AND RESPONSES, INCLUDING BIDS AND PROPOSALS; AND
S. 4006 116 A. 3006
DATA RELATED TO LABOR PERFORMED PURSUANT TO TRANSACTIONS, INCLUDING
PAYROLL REPORTS, AS APPLICABLE; AND
(12) (A) AUTHORIZING THE DIRECTOR TO ESTABLISH FACTORS BY WHICH GOALS
DESCRIBED IN PARAGRAPHS SIX, EIGHT, AND NINE OF THIS SUBDIVISION WILL BE
ESTABLISHED FOR INDIVIDUAL TRANSACTIONS, INCLUDING:
(I) THE SCOPE OF THE TRANSACTION;
(II) THE AVAILABILITY OF QUALIFIED ECONOMICALLY DISADVANTAGED CANDI-
DATES AND ECONOMICALLY DISADVANTAGED REGION CANDIDATES;
(III) THE NATURE OF ANY EMPLOYMENT OPPORTUNITIES THAT THE DIRECTOR
EXPECTS WILL RESULT FROM THE TRANSACTION;
(IV) THE POTENTIAL IMPACT OF SUCH GOAL ON CONTRACTORS AND SUBCONTRAC-
TORS, AS APPLICABLE, THAT ARE MWBES, NOT-FOR-PROFIT CORPORATIONS, OR
SMALL BUSINESSES; AND
(V) ANY OTHER SIMILAR FACTORS.
(B) PRIOR TO SETTING A GOAL PURSUANT TO THIS SUBDIVISION FOR AN INDI-
VIDUAL TRANSACTION, THE AGENCY ENTERING INTO THE TRANSACTION SHALL
CONSIDER THE GOALS SET FOR PREVIOUS, SIMILAR TRANSACTIONS AND WHETHER
SUCH GOALS WERE APPROPRIATE FOR SUCH TRANSACTIONS.
B. LISTS OF ECONOMICALLY DISADVANTAGED REGIONS. NO LATER THAN NINETY
DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT LEAST ONCE DURING
EACH TWELVE-MONTH PERIOD THEREAFTER, THE DIRECTOR SHALL PUBLISH A REPORT
INCLUDING AN UPDATED LIST OF ALL ECONOMICALLY DISADVANTAGED REGIONS
WITHIN A RADIUS OF ONE HUNDRED MILES OF THE CITY OR ALL SUCH ECONOM-
ICALLY DISADVANTAGED REGIONS WITHIN THE METROPOLITAN AREA. NOTHING SHALL
PRECLUDE AN INDIVIDUAL WHOSE RESIDENCE IS WITHIN AN ECONOMICALLY DISAD-
VANTAGED REGION THAT IS NOT INCLUDED IN SUCH LIST FROM QUALIFYING AS AN
ECONOMICALLY DISADVANTAGED REGION CANDIDATE FOR THE PURPOSES OF GOALS
SET FORTH UNDER THIS SECTION.
C. REPORTING. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFEC-
TIVE DATE OF THIS SECTION AND EACH QUARTER THEREAFTER, THE OFFICE OF
COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL PUBLISH A REPORT ON A
WEBSITE MAINTAINED OR CONTROLLED BY THE CITY, PURSUANT TO RULES ADOPTED
BY THE DIRECTOR, THAT SHALL INCLUDE, FOR EACH TRANSACTION SUBJECT TO A
GOAL ESTABLISHED PURSUANT TO PARAGRAPH SIX, SEVEN, OR EIGHT OF SUBDIVI-
SION A OF THIS SECTION, INFORMATION DEMONSTRATING THE CORRESPONDING
CONTRACTOR'S PROGRESS TOWARDS MEETING SUCH GOAL AND, IF APPLICABLE, ANY
SUBCONTRACTORS' PROGRESS TOWARDS MEETING ANY GOAL ESTABLISHED PURSUANT
TO PARAGRAPH SEVEN OR NINE OF SUBDIVISION A OF THIS SECTION, AND AGGRE-
GATE INFORMATION REGARDING THE DEMOGRAPHICS AND COMPENSATION OF ECONOM-
ICALLY DISADVANTAGED REGION CANDIDATES, ECONOMICALLY DISADVANTAGED
CANDIDATES, AND APPRENTICES WHO ARE ECONOMICALLY DISADVANTAGED REGION
CANDIDATES, AS APPLICABLE, RELATIVE TO ALL INDIVIDUALS EMPLOYED BY SUCH
CONTRACTOR AND, IF APPLICABLE, SUBCONTRACTORS ON SUCH TRANSACTION. IN
COMPILING THIS REPORT, THE DIRECTOR SHALL, TO THE EXTENT HE OR SHE DEEMS
FEASIBLE, USE DATA SOURCES ESTABLISHED OR MAINTAINED BY THE CITY FOR
OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS
ON CONTRACTORS AND SUBCONTRACTORS, PROVIDED THAT WHERE THE DIRECTOR
DETERMINES THAT SUCH DATA SOURCES CANNOT BE USED TO COMPLETE SUCH
REPORT, THE DIRECTOR MAY ADOPT RULES REQUIRING CONTRACTORS AND SUBCON-
TRACTORS TO PROVIDE SUCH ADDITIONAL DATA NECESSARY TO COMPLETE THIS
REPORT, AND TO CERTIFY THE ACCURACY OF SUCH ADDITIONAL INFORMATION.
NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED TO AUTHORIZE THE DIREC-
TOR TO PROMULGATE RULES REQUIRING LABOR ORGANIZATIONS TO PROVIDE INFOR-
MATION ON A REGULAR BASIS TO COMPLETE SUCH REPORTS.
D. BEST EFFORTS. (1) IN DETERMINING WHETHER A CONTRACTOR OR SUBCON-
TRACTOR HAS EXERCISED BEST EFFORTS TO MEET THE EMPLOYMENT GOALS ESTAB-
S. 4006 117 A. 3006
LISHED PURSUANT TO SUBDIVISION A OF THIS SECTION, THE DIRECTOR SHALL
CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV-
ORED:
(A) TO REVIEW ECONOMICALLY DISADVANTAGED REGION CANDIDATES' AND
ECONOMICALLY DISADVANTAGED CANDIDATES' QUALIFICATIONS, AS APPLICABLE, IN
GOOD FAITH;
(B) TO ADVERTISE EMPLOYMENT OPPORTUNITIES, AS APPLICABLE, IN A MANNER
REASONABLY INTENDED TO ATTRACT QUALIFIED ECONOMICALLY DISADVANTAGED
CANDIDATES OR ECONOMICALLY DISADVANTAGED REGION CANDIDATES, EXCEPT THAT
CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO
A PROJECT LABOR AGREEMENT SHALL NOT BE REQUIRED TO ADVERTISE EMPLOYMENT
OPPORTUNITIES FOR CONSTRUCTION WORK;
(C) TO COORDINATE WITH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, AS
APPLICABLE, IN ORDER TO INTERVIEW, IF APPLICABLE, AND EMPLOY SUCH CANDI-
DATES IDENTIFIED BY SUCH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS,
PROVIDED THAT FOR CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION
WORK PURSUANT TO A PROJECT LABOR AGREEMENT, THE DIRECTOR SHALL ONLY
CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV-
ORED TO MEET SUCH GOALS BY COMPLYING WITH THE REFERRAL PROVISIONS OF
SUCH PROJECT LABOR AGREEMENT;
(D) TO REVIEW AND ORGANIZE THE WORK UNDER THE TRANSACTION IN ORDER TO
ELIMINATE OBSTACLES TO MEETING SUCH EMPLOYMENT GOALS;
(E) TO MONITOR AND TO DOCUMENT THE CONTRACTOR'S OR SUBCONTRACTOR'S
EFFORTS TO MEET THE EMPLOYMENT GOALS;
(F) TO CONTACT THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOP-
MENT AT ROUTINE INTERVALS, OR AS OTHERWISE REQUIRED BY RULE, TO INFORM
THE DIRECTOR OF THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE
EMPLOYMENT GOALS; AND
(G) TO TAKE ALL OTHER COMMERCIALLY REASONABLE ACTIONS TO MEET THE
EMPLOYMENT GOALS.
(2) IN ORDER TO EXERCISE BEST EFFORTS, NEITHER CONTRACTORS NOR SUBCON-
TRACTORS ARE REQUIRED:
(A) TO UNDERTAKE AN UNDUE FINANCIAL BURDEN;
(B) TO TERMINATE OR SUBSTANTIALLY REDUCE THE WORK LEVELS OF ANY OF A
CONTRACTOR'S OR SUBCONTRACTOR'S EXISTING EMPLOYEES;
(C) TO EXTEND AN OFFER OF EMPLOYMENT TO AN INDIVIDUAL WHOSE LABOR
WOULD NOT BE COMMERCIALLY USEFUL; OR
(D) TO FORGO FILLING BUILDING SERVICE OPPORTUNITIES WITH ABSORPTION
HIRES.
E. DISCRETIONARY APPLICATION OF GOALS. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS SECTION, EMPLOYMENT GOALS AUTHORIZED UNDER PARAGRAPHS
SIX, SEVEN, EIGHT AND NINE OF SUBDIVISION A OF THIS SECTION MAY, BUT ARE
NOT REQUIRED TO BE, ESTABLISHED FOR TRANSACTIONS THAT ARE EMERGENCY
PROCUREMENT CONTRACTS PROCURED PURSUANT TO THE PROCEDURE SET FORTH IN
SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER.
F. ADJUSTMENT OF CONSTRUCTION GOALS. ON A BIANNUAL BASIS, THE DIRECTOR
SHALL REVIEW AND THEREAFTER MAY PROMULGATE RULES INCREASING OR DECREAS-
ING THE VALUE OF THE EMPLOYMENT GOALS ESTABLISHED UNDER PARAGRAPH SEVEN
OF SUBDIVISION A OF THIS SECTION.
G. WAGE PAYMENT ASSURANCES. THE DIRECTOR MAY PROMULGATE RULES SETTING
FORTH STANDARDS AND A PROCEDURE BY WHICH CONTRACTORS AND SUBCONTRACTORS
THAT THE DIRECTOR HAS DETERMINED HAVE A RECORD OF FAILING TO PAY WAGES,
INCLUDING BUT NOT LIMITED TO PREVAILING WAGES AND BENEFITS REQUIRED
PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW, TO INDIVIDUALS PERFORMING
CONSTRUCTION LABOR UNDER A TRANSACTION SHALL BE REQUIRED TO PROVIDE
ADDITIONAL ASSURANCES ACCEPTABLE TO THE DIRECTOR IN ORDER TO RECEIVE
S. 4006 118 A. 3006
CREDIT TOWARDS THE ACHIEVEMENT OF EMPLOYMENT GOALS SET FORTH IN PARA-
GRAPH SEVEN OF SUBDIVISION A OF THIS SECTION.
§ 3. Paragraph 1 of subdivision b of section 311 of the New York city
charter, as amended by local law number 20 of the city of New York for
the year 2004, is amended to read as follows:
1. the methods for soliciting bids or proposals and awarding
contracts, consistent with the provisions of this chapter, PROVIDED THAT
THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
MAY PROMULGATE RULES AUTHORIZING AGENCIES TO INCORPORATE INTO THE AWARD
METHODOLOGY FOR ANY CONTRACT A QUANTITATIVE FACTOR BASED ON A BIDDER OR
PROPOSER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO
SUBDIVISION A OF SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHARTER, AND
FURTHER PROVIDED THAT AGENCIES INCORPORATING SUCH A QUANTITATIVE FACTOR
INTO THE AWARD METHODOLOGY FOR A CONTRACT PURSUANT TO SUCH A RULE SHALL
CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSI-
NESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSU-
ANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN
HUNDRED FOUR OF THIS CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL
BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE
OF THIS CHARTER;
§ 4. Subparagraphs (x) and (xi) of paragraph a of subdivision 36 of
section 2590-h of the education law, as amended by chapter 98 of the
laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are
added to read as follows:
(x) a process for emergency procurement in the case of an unforeseen
danger to life, safety, property or a necessary service provided that
such procurement shall be made with such competition as is practicable
under the circumstances and that a written determination of the basis
for the emergency procurement shall be required and filed with the comp-
troller of the city of New York when such emergency contract is filed
with such comptroller; [and]
(xi) procedures for the fair and equitable resolution of contract
disputes[.];
(XII) EMPLOYMENT GOALS ESTABLISHED IN ACCORDANCE WITH THE PROGRAM
ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK
CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED
PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST
EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE
DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT,
SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHANCELLOR
OR HIS OR HER DESIGNEE; AND
(XIII) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS,
PROPOSALS OR OTHER OFFERS FOR THE PURPOSES OF AWARDING OF CONTRACTS
BASED ON A BIDDER, PROPOSER OR OTHER OFFERER'S CAPACITY TO MEET OR
EXCEED GOALS ESTABLISHED PURSUANT TO SUBPARAGRAPH (XII) OF THIS PARA-
GRAPH, PROVIDED THAT, WHEN INCORPORATING SUCH A QUANTITATIVE FACTOR INTO
THE AWARD PROCESS FOR A CONTRACT, THE CHANCELLOR, SUPERINTENDENT, OR
SCHOOL, AS APPLICABLE, SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A
QUANTITATIVE FACTOR ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED
BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
OR SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR-
PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN
SECTION THIRTY-FIVE HUNDRED ONE OF SUCH CHARTER.
S. 4006 119 A. 3006
§ 5. Subdivision (c) of section 917 of the general municipal law, as
separately amended by chapter 1082 of the laws of 1974 and chapter 239
of the laws of 2001, is amended to read as follows:
(c) For the benefit of the city and the inhabitants thereof an indus-
trial development agency, to be known as the New York City Industrial
Development Agency, is hereby established for the accomplishment of any
or all of the purposes specified in title one of article eighteen-A of
this chapter, except that it shall not have the power to construct or
rehabilitate any residential facility or housing of any nature and kind
whatsoever, nor shall it use any of its funds to further the
construction or rehabilitation of any residential facility or housing of
any nature and kind whatsoever. It shall constitute a body corporate and
politic, and be perpetual in duration. It shall only have the powers and
duties conferred by title one of article eighteen-A of this chapter upon
industrial development agencies as of January 1, 1973 except that it
shall have the power to finance a rail freight facility AND THE POWER TO
ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED
PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK CITY CHAR-
TER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT
TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS
PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEV-
ER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIREC-
TOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH
ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNITY
HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHIEF EXECU-
TIVE OFFICER OF THE AGENCY OR HIS OR HER DESIGNEE, and it shall not have
the power of condemnation. In the exercise of the powers conferred upon
such agency with respect to the acquisition of real property by article
eighteen-A of this chapter such agency shall be limited to the geograph-
ical jurisdictional limits of the city.
§ 6. Section 816-b of the labor law, as added by chapter 571 of the
laws of 2001, is amended to read as follows:
§ 816-b. Apprenticeship participation on [construction] CERTAIN
GOVERNMENTAL contracts. 1. For purposes of this section:
(a) "governmental entity" shall mean the state, any state agency, as
that term is defined in section two-a of the state finance law, munici-
pal corporation, commission appointed pursuant to law, school district,
district corporation, board of education, board of cooperative educa-
tional services, soil conservation district, and public benefit corpo-
ration; [and]
(b) "construction contract" shall mean any contract to which a govern-
mental entity may be a direct or indirect party which involves the
design, construction, reconstruction, improvement, rehabilitation, main-
tenance, repair, furnishing, equipping of or otherwise providing for any
building, facility or physical structure of any kind; AND
(C) "CITY GOVERNMENTAL ENTITY" MEANS A GOVERNMENTAL ENTITY THAT IS (I)
A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS; OR (II) A
CITY SCHOOL DISTRICT OR PUBLIC BENEFIT CORPORATION OPERATING PRIMARILY
WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS.
2. Notwithstanding any other provision of this article, of section one
hundred three of the general municipal law, of section one hundred thir-
ty-five of the state finance law, of section one hundred fifty-one of
the public housing law, or of any other general, special or local law or
administrative code, in entering into any construction contract, a
governmental entity [which] THAT is to be a direct or indirect party to
such contract may require that any contractors and subcontractors have,
S. 4006 120 A. 3006
prior to entering into such contract, apprenticeship agreements appro-
priate for the type and scope of work to be performed, that have been
registered with, and approved by, the commissioner pursuant to the
requirements found in this article. A CITY GOVERNMENTAL ENTITY THAT IS A
DIRECT OR INDIRECT PARTY TO A CONTRACT, INCLUDING BUT NOT LIMITED TO A
CONSTRUCTION CONTRACT, MAY ESTABLISH IN ITS SPECIFICATIONS A REQUIREMENT
THAT, IN PERFORMING THE WORK, THE CONTRACTOR AND ITS SUBCONTRACTORS
UTILIZE A MINIMUM RATIO OF APPRENTICES TO JOURNEY-LEVEL WORKERS, AS
ESTABLISHED BY THE GOVERNMENTAL ENTITY BUT SUBJECT TO ANY MAXIMUM RATIO
ESTABLISHED BY THE DEPARTMENT, FOR ANY CLASSIFICATION APPROPRIATE FOR
THE TYPE AND SCOPE OF WORK TO BE PERFORMED, PROVIDED THAT NO SUCH MINI-
MUM RATIO SHALL BE ESTABLISHED FOR LABOR PERFORMED PURSUANT TO A
CONSTRUCTION CONTRACT SUBJECT TO A GOAL FOR THE EMPLOYMENT OF APPREN-
TICES WHO RESIDE IN ECONOMICALLY DISADVANTAGED REGIONS. Whenever utiliz-
ing [this requirement] THESE REQUIREMENTS, the governmental entity may,
in addition to whatever considerations are required by law, consider the
degree to which career opportunities in apprenticeship training programs
approved by the commissioner may be provided.
§ 7. Notwithstanding any provision of law to the contrary, any city-
affiliated not-for-profit corporation, as such term is defined in
section 3501 of the New York city charter, is authorized to establish
employment goals in accordance with the program established pursuant to
section 3502 of such charter, including but not limited to employment
goals established pursuant to paragraph 7 of subdivision a and the
corresponding best efforts provisions set forth in subdivision d of such
section; provided, however, that where a provision of such section
requires action by the director of the office of community hiring and
workforce development of the city of New York, such action shall not be
taken by the director of the office of community hiring and workforce
development but shall be taken by the chief executive officer of such
corporation, or a duly appointed designee.
§ 8. Section 1728 of the public authorities law is amended by adding a
new subdivision 15-a to read as follows:
15-A. TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM
ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK
CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED
PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST
EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE
DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT,
SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE PRESIDENT
OF THE AUTHORITY OR HIS OR HER DESIGNEE;
§ 9. The opening paragraph of paragraph d of subdivision 5 of section
1734 of the public authorities law, as added by chapter 738 of the laws
of 1988, is amended to read as follows:
the authority determines that it is in the public interest to award
contracts pursuant to a process for competitive requests for proposals
as hereinafter set forth. For purposes of this section, a process for
competitive requests for proposals shall mean a method of soliciting
proposals and awarding a contract on the basis of a formal evaluation of
the characteristics, such as quality, cost, delivery schedule, THE
CAPACITY TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A
OF SECTION SEVENTEEN HUNDRED TWENTY-EIGHT OF THIS TITLE and financing of
such proposals against stated selection criteria. Public notice of the
requests for proposals shall be given in the same manner as provided in
S. 4006 121 A. 3006
subdivision three of this section and shall include the selection crite-
ria. In the event the authority makes a material change in the selection
criteria from those previously stated in the notice, it will inform all
proposers of such change and permit proposers to modify their proposals.
WHEN THE AUTHORITY INCLUDES IN THE SELECTION CRITERIA FOR A REQUEST FOR
PROPOSALS A QUANTITATIVE FACTOR BASED ON A PROPOSER'S CAPACITY TO MEET
OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVEN-
TEEN HUNDRED TWENTY-EIGHT OF THIS TITLE, THE AUTHORITY SHALL CONSIDER
THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTI-
FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW, SECTION THIRTEEN HUNDRED FOUR OF THE NEW
YORK CITY CHARTER, OR SECTION SEVENTEEN HUNDRED FORTY-THREE OF THIS
TITLE, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM
IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK CITY CHAR-
TER.
§ 10. Section 5 of section 1 of chapter 1016 of the laws of 1969
constituting the New York city health and hospitals corporation act, is
amended by adding a new subdivision 20-a to read as follows:
20-A. TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM
ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK
CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED
PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST
EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE
DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT,
SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY A DULY
APPOINTED DESIGNEE OF THE CORPORATION; AND
§ 11. Section 8 of section 1 of chapter 1016 of the laws of 1969
constituting the New York city health and hospitals corporation act, is
amended by adding a new subdivision 1-a to read as follows:
1-A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, THE CORPORATION
MAY ESTABLISH A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS
FOR THE PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER'S CAPACITY
TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-A OF
SECTION FIVE OF THIS ACT, PROVIDED THAT WHEN ESTABLISHING SUCH A QUANTI-
TATIVE FACTOR, THE CORPORATION SHALL CONSIDER THE POTENTIAL IMPACT OF
SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTIFIED AS MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY
CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM
IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK CITY CHAR-
TER;
§ 12. Subdivision b of section 2 of chapter 749 of the laws of 2019
constituting the New York city public works investment act, is amended
by adding a new paragraph 12-a to read as follows:
(12-A) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS OR
OFFERS FOR AWARDING OF CONTRACTS BASED ON A BIDDER OR OFFERER'S CAPACITY
TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION
3502 OF THE NEW YORK CITY CHARTER;
§ 13. No provision of this act shall be construed to invalidate any
provision of a project labor agreement, as such term is defined in
section 3501 of the New York city charter, as added by section two of
this act, or otherwise affect the contractual rights of any party to
such an agreement.
S. 4006 122 A. 3006
§ 14. Severability. If any clause, sentence, paragraph, or section of
this act is declared invalid or unconstitutional by any court of compe-
tent jurisdiction, after exhaustion of all further judicial review, such
portion shall be deemed severable, and the court's judgment shall not
affect, impair or invalidate the remainder of this act, but shall be
confined in its operation to the clause, sentence, paragraph, or section
of this act directly involved in the controversy in which the judgment
was rendered.
§ 15. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided that:
(a) sections one, two, three, five, six, seven, eight, nine, ten,
eleven, thirteen, and fourteen of this act shall expire and be deemed
repealed seven years after this act takes effect, provided that such
expiration and repeal shall not affect any transaction, as such term is
defined by section 3501 of the New York city charter, as added by
section two of this act, entered into or for which a solicitation was
released prior to such expiration and repeal, or to any renewals, exten-
sions, modifications, or amendments to such transaction;
(b) the amendments to paragraph a of subdivision 36 of section 2590-h
of the education law made by section four of this act shall not affect
the expiration of such subdivision and section pursuant to section 34 of
chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap-
ter 345 of the laws of 2009, as amended, and shall expire and be deemed
repealed therewith, or seven years after this act takes effect, whichev-
er occurs earlier, provided that such expiration and repeal shall not
affect any transaction entered into or for which a solicitation was
released prior to such expiration and repeal, or to any renewals, exten-
sions, modifications, or amendments to such transaction; and
(c) the amendments to chapter 749 of the laws of 2019 constituting the
New York city public works investment act made by section twelve of this
act shall not affect the expiration and repeal of such chapter pursuant
to section 14 of such chapter, as amended, and shall expire and be
deemed repealed therewith, or seven years after this act takes effect,
whichever occurs earlier.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date by the director of the office of community hiring and
workforce development of the city of New York, the chancellor and the
city board of the city school district of the city of New York, the
president of the New York city school construction authority, the duly
appointed designee of the New York city health and hospitals corpo-
ration, the chief executive officer of the New York city industrial
development agency, and the chief executive officer of any city-affili-
ated not-for-profit corporation, as such term is defined by section 3501
of the New York city charter, as added by section two of this act.
PART U
Section 1. Subdivision 2 of section 410-u of the social services law,
as amended by section 1 of part L of chapter 56 of the laws of 2022, is
amended to read as follows:
2. The state block grant for child care shall be divided into two
parts pursuant to a plan developed by the department and approved by the
director of the budget. One part shall be retained by the state to
provide child care on a statewide basis to special groups and for activ-
S. 4006 123 A. 3006
ities to increase the availability and/or quality of child care
programs, including, but not limited to, the start-up of child care
programs, the operation of child care resource and referral programs,
training activities, the regulation and monitoring of child care
programs, the development of computerized data systems, and consumer
education, provided however, that child care resource and referral
programs funded under title five-B of article six of this chapter shall
meet additional performance standards developed by the department of
social services including but not limited to: increasing the number of
child care placements for persons who are at or below [two hundred
percent of the state income standard, or three hundred percent of the
state income standard effective August first, two thousand twenty-two,
provided such persons are at or below] eighty-five percent of the state
median income, with emphasis on placements supporting local efforts in
meeting federal and state work participation requirements, increasing
technical assistance to all modalities of legal child care to persons
who are at or below [two hundred percent of the state income standard,
or three hundred percent of the state income standard effective August
first, two thousand twenty-two, provided such persons are at or below]
eighty-five percent of the state median income, including the provision
of training to assist providers in meeting child care standards or regu-
latory requirements, and creating new child care opportunities, and
assisting social services districts in assessing and responding to child
care needs for persons at or below [two hundred percent of the state
income standard, or three hundred percent of the state income standard
effective August first, two thousand twenty-two, provided such persons
are at or below] eighty-five percent of the state median income. The
department shall have the authority to withhold funds from those agen-
cies which do not meet performance standards. Agencies whose funds are
withheld may have funds restored upon achieving performance standards.
The other part shall be allocated to social services districts to
provide child care assistance to families receiving family assistance
and to other low income families.
§ 2. Subdivisions 1 and 3 of section 410-w of the social services
law, subdivision 1 as amended by section 2 of part L of chapter 56 of
the laws of 2022, and subdivision 3 as amended by chapter 834 of the
laws of 2022, are amended to read as follows:
1. A social services district may use the funds allocated to it from
the block grant to provide child care assistance to:
(a) families receiving public assistance when such child care assist-
ance is necessary: to enable a parent or caretaker relative to engage in
work, participate in work activities or perform a community service
pursuant to title nine-B of article five of this chapter; to enable a
teenage parent to attend high school or other equivalent training
program; because the parent or caretaker relative is physically or
mentally incapacitated; or because family duties away from home necessi-
tate the parent or caretaker relative's absence; child day care shall be
provided during breaks in activities[, for a period of up to two weeks].
Such child day care [may] SHALL be authorized [for a period of up to one
month if child care arrangements shall be lost if not continued, and the
program or employment is scheduled to begin within such period] FOR THE
PERIOD DESIGNATED BY THE REGULATIONS OF THE DEPARTMENT;
(b) families with incomes up to [two hundred percent of the state
income standard, or three hundred percent of the state income standard
effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF
THE STATE MEDIAN INCOME who are attempting through work activities to
S. 4006 124 A. 3006
transition off of public assistance when such child care is necessary in
order to enable a parent or caretaker relative to engage in work
provided such families' public assistance has been terminated as a
result of increased hours of or income from employment or increased
income from child support payments or the family voluntarily ended
assistance; provided that the family received public assistance at least
three of the six months preceding the month in which eligibility for
such assistance terminated or ended or provided that such family has
received child care assistance under subdivision four of this section[;
and provided, the family income does not exceed eighty-five percent of
the state median income];
(c) families with incomes up to [two hundred percent of the state
income standard, or three hundred percent of the state income standard
effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF
THE STATE MEDIAN INCOME, which are determined in accordance with the
regulations of the department to be at risk of becoming dependent on
family assistance[; provided, the family income does not exceed eighty-
five percent of the state median income];
(d) families with incomes up to [two hundred percent of the state
income standard, or three hundred percent of the state income standard
effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF
THE STATE MEDIAN INCOME, who are attending a post secondary educational
program[; provided, the family income does not exceed eighty-five
percent of the state median income]; and
(e) other families with incomes up to [two hundred percent of the
state income standard, or three hundred percent of the state income
standard effective August first, two thousand twenty-two, which the
social services district designates in its consolidated services plan as
eligible for child care assistance] EIGHTY-FIVE PERCENT OF THE STATE
MEDIAN INCOME in accordance with criteria established by the depart-
ment[; provided, the family income does not exceed eighty-five percent
of the state median income].
3. A social services district shall guarantee child care assistance to
families in receipt of public assistance with children under thirteen
years of age when such child care assistance is necessary for a parent
or caretaker relative to engage in work or participate in work activ-
ities pursuant to the provisions of title nine-B of article five of this
chapter. Child care assistance shall continue to be guaranteed for such
a family for a period of twelve months or may be provided by a social
service district for a period up to twenty-four months, after the month
in which the family's eligibility for public assistance has terminated
or ended when such child care is necessary in order to enable the parent
or caretaker relative to engage in work, provided that the family's
public assistance has been terminated as a result of an increase in the
hours of or income from employment or increased income from child
support payments or because the family voluntarily ended assistance;
that the family received public assistance in at least three of the six
months preceding the month in which eligibility for such assistance
terminated or ended or provided that such family has received child care
assistance under subdivision four of this section; AND that the family's
income does not exceed [two hundred percent of the state income stand-
ard, or three hundred percent of the state income standard effective
August first, two thousand twenty-two; and that the family income does
not exceed] eighty-five percent of the state median income. Such child
day care shall recognize the need for continuity of care for the child
S. 4006 125 A. 3006
and a district shall not move a child from an existing provider unless
the participant consents to such move.
§ 3. Paragraph (a) of subdivision 2 of section 410-x of the social
services law, as amended by chapter 416 of the laws of 2000, is amended
to read as follows:
(a) [A social services district] THE DEPARTMENT may establish priori-
ties for the families which will be eligible to receive funding;
provided that the priorities provide that eligible families will receive
equitable access to child care assistance funds to the extent that these
funds are available.
§ 4. Paragraphs (b) and (c) of subdivision 2 of section 410-x of the
social services law are REPEALED.
§ 5. This act shall take effect October 1, 2023. The office of chil-
dren and family services is hereby authorized to promulgate such rules
and regulations as may be necessary, including on an emergency basis, to
implement the provisions of this act.
PART V
Section 1. Section 3 of part N of chapter 56 of the laws of 2020,
amending the social services law relating to restructuring financing for
residential school placements, as amended by section 1 of part M of
chapter 56 of the laws of 2022, is amended to read as follows:
§ 3. This act shall take effect immediately [and shall expire and be
deemed repealed April 1, 2023]; provided however that the amendments to
subdivision 10 of section 153 of the social services law made by section
one of this act, shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.
§ 2. This act shall take effect immediately.
PART W
Section 1. Section 11 of subpart A of part G of chapter 57 of the laws
of 2012, amending the social services law and the family court act
relating to establishing a juvenile justice services close to home
initiative, as amended by section 2 of part G of chapter 56 of the laws
of 2018, is amended to read as follows:
§ 11. This act shall take effect April 1, 2012 [and shall expire on
March 31, 2023 when upon such date the provisions of this act shall be
deemed repealed; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date;
provided, however, upon the repeal of this act, a social services
district that has custody of a juvenile delinquent pursuant to an
approved juvenile justice services close to home initiative shall retain
custody of such juvenile delinquent until custody may be legally trans-
ferred in an orderly fashion to the office of children and family
services].
§ 2. Section 7 of subpart B of part G of chapter 57 of the laws of
2012, amending the social services law, the family court act and the
executive law relating to juvenile delinquents, as amended by section 3
of part G of chapter 56 of the laws of 2018, is amended to read as
follows:
§ 7. This act shall take effect April 1, 2012 [and shall expire on
March 31, 2023 when upon such date the provisions of this act shall be
S. 4006 126 A. 3006
deemed repealed; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date].
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2023.
PART X
Section 1. Subdivision 1 of section 336-a of the social services law,
as amended by chapter 275 of the laws of 2017, is amended to read as
follows:
1. Social services districts shall make available vocational educa-
tional training and educational activities. Such activities may include
but need not be limited to, high school education or education designed
to prepare a participant for a high school equivalency certificate,
basic and remedial education, education in English proficiency, educa-
tion or a course of instruction in financial literacy and personal
finance that includes instruction on household cash management tech-
niques, career advice to obtain a well paying and secure job, using
checking and savings accounts, obtaining and utilizing short and long
term credit, securing a loan or other long term financing arrangement
for high cost items, participation in a higher education course of
instruction or trade school, and no more than a total of four years of
post-secondary education (or the part-time equivalent). Educational
activities pursuant to this section may be offered with any of the
following providers which meet the performance or assessment standards
established in regulations by the commissioner for such providers: a
community college, licensed trade school, registered business school, or
a two-year or four-year college; provided, however, that such post-sec-
ondary education must be necessary to the attainment of the partic-
ipant's individual employment goal as set forth in the employability
plan and such goal must relate directly to obtaining useful employment
[in a recognized occupation]. When making [any] AN assignment to any
educational activity pursuant to this subdivision, such assignment shall
be permitted only to the extent that such assignment is consistent with
the individual's assessment and employment plan goals in accordance with
sections three hundred thirty-five and three hundred thirty-five-a of
this title and shall require that the individual maintains satisfactory
academic progress and hourly participation is documented consistent with
federal and state requirements. For purposes of this provision "satis-
factory academic progress" shall mean having a cumulative C average, or
its equivalent, as determined by the academic institution. The require-
ment to maintain satisfactory academic progress may be waived if done so
by the academic institution and the social services district based on
undue hardship caused by an event such as a personal injury or illness
of the student, the death of a relative of the student or other exten-
uating circumstances. [Any enrollment in post-secondary education beyond
a twelve month period must be combined with no less than twenty hours of
participation averaged weekly in paid employment or work activities or
community service when paid employment is not available.] PARTICIPATION
IN AN EDUCATIONAL AND/OR VOCATIONAL TRAINING PROGRAM, THAT SHALL
INCLUDE, BUT NOT BE LIMITED TO, A TWO-YEAR POST-SECONDARY DEGREE
PROGRAM, WHICH IS NECESSARY FOR THE PARTICIPANT TO ATTAIN THEIR INDIVID-
UAL EMPLOYMENT GOAL AND IS LIKELY TO LEAD TO A DEGREE OR CERTIFICATION
AND SUSTAINED EMPLOYMENT, SHALL BE APPROVED CONSISTENT WITH SUCH INDI-
S. 4006 127 A. 3006
VIDUAL'S ASSESSMENT AND EMPLOYABILITY PLAN TO THE EXTENT THAT SUCH
APPROVAL DOES NOT JEOPARDIZE THE STATE'S ABILITY TO COMPLY WITH FEDERAL
WORK PARTICIPATION RATES, AS DETERMINED BY THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE.
§ 2. Paragraph (a) of subdivision 8 of section 131-a of the social
services law is amended by adding two new subparagraphs (xi) and (xii)
to read as follows:
(XI) ALL OF THE EARNED INCOME OF A RECIPIENT OF PUBLIC ASSISTANCE THAT
IS DERIVED FROM PARTICIPATION IN A QUALIFIED WORK ACTIVITY OR TRAINING
PROGRAM AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE, TO THE EXTENT THAT SUCH EARNED INCOME HAS NOT ALREADY BEEN DISRE-
GARDED PURSUANT TO SUBPARAGRAPH (VII) OF THIS PARAGRAPH, PROVIDED THAT
THE RECIPIENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO HUNDRED PERCENT
OF THE FEDERAL POVERTY LEVEL.
(XII) ONCE DURING THE LIFETIME OF A RECIPIENT OF PUBLIC ASSISTANCE,
ALL OF THE EARNED INCOME OF SUCH RECIPIENT WILL BE DISREGARDED FOLLOWING
JOB ENTRY, PROVIDED THAT SUCH EXEMPTION OF INCOME FOR PURPOSES OF PUBLIC
ASSISTANCE ELIGIBILITY SHALL BE FOR NO MORE THAN SIX CONSECUTIVE MONTHS
FROM THE INITIAL DATE OF OBTAINING SUCH EMPLOYMENT AND THAT THE RECIPI-
ENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO HUNDRED PERCENT OF THE
FEDERAL POVERTY LEVEL.
§ 3. This act shall take effect on the two hundred fortieth day after
it shall have become a law.
PART Y
Section 1. The social services law is amended by adding a new section
152-d to read as follows:
§ 152-D. REPLACEMENT OF STOLEN PUBLIC ASSISTANCE. 1. NOTWITHSTANDING
SECTION THREE HUNDRED FIFTY-J OF THIS ARTICLE AND SUBDIVISION ELEVEN OF
SECTION ONE HUNDRED THIRTY-ONE OF THIS TITLE, AND IN ACCORDANCE WITH
THIS SECTION, PUBLIC ASSISTANCE RECIPIENTS SHALL RECEIVE REPLACEMENT
ASSISTANCE FOR THE LOSS OF PUBLIC ASSISTANCE, AS DEFINED IN SUBDIVISION
NINETEEN OF SECTION TWO OF THIS CHAPTER, IN INSTANCES WHEN SUCH PUBLIC
ASSISTANCE HAS BEEN STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD
PARTY MISREPRESENTATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES, CONSIST-
ENT WITH GUIDANCE ISSUED BY THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE.
2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A
PROTOCOL FOR RECIPIENTS TO REPORT INCIDENTS OF STOLEN PUBLIC ASSISTANCE.
3. SOCIAL SERVICES DISTRICTS SHALL PROMPTLY REPLACE STOLEN PUBLIC
ASSISTANCE, HOWEVER, SUCH REPLACEMENT SHALL OCCUR NO LATER THAN FIVE
BUSINESS DAYS AFTER THE SOCIAL SERVICES DISTRICT HAS VERIFIED THE PUBLIC
ASSISTANCE WAS STOLEN IN ACCORDANCE WITH GUIDANCE ESTABLISHED BY THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
4. FOR PUBLIC ASSISTANCE THAT IS VERIFIED AS STOLEN, REPLACEMENT
ASSISTANCE SHALL BE PROVIDED BY THE SOCIAL SERVICES DISTRICT IN ACCORD-
ANCE WITH THIS SECTION AS FOLLOWS:
(A) THE LESSER OF: (I) THE AMOUNT OF PUBLIC ASSISTANCE THAT WAS
STOLEN; OR (II) THE AMOUNT OF PUBLIC ASSISTANCE PROVIDED DURING THE TWO
MOST RECENT MONTHS PRIOR TO SUCH ASSISTANCE BEING STOLEN; AND
(B)(I) NO MORE THAN TWICE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC
ASSISTANCE STOLEN ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-TWO
THROUGH SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FOUR; OR (II) NO MORE
THAN ONCE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC ASSISTANCE STOLEN ON
OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR.
S. 4006 128 A. 3006
5. ANY REPLACEMENT ASSISTANCE PROVIDED UNDER THIS SECTION SHALL BE
EXEMPT FROM RECOUPMENT AND RECOVERY PROVISIONS UNDER TITLE SIX OF ARTI-
CLE THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT ASSISTANCE SHALL NOT
BE EXEMPT FROM RECOUPMENT AND RECOVERY IF IT IS LATER DETERMINED THAT
THE PUBLIC ASSISTANCE THAT WAS REPLACED PURSUANT TO THIS SECTION WAS NOT
STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESEN-
TATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES.
§ 2. This act shall take effect immediately.
PART Z
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part S of chapter 56 of the laws of 2022, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$161.00] $175.00 for each month beginning on or after
January first, two thousand [twenty-two] TWENTY-THREE.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$186.00] $202.00 for each month beginning on
or after January first, two thousand [twenty-two] TWENTY-THREE.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$222.00] $241.00 for each month
beginning on or after January first, two thousand [twenty-two] TWENTY-
THREE.
(d) for the period commencing January first, two thousand [twenty-
three] TWENTY-FOUR, the monthly personal needs allowance shall be an
amount equal to the sum of the amounts set forth in subparagraphs one
and two of this paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [twenty-three] TWENTY-FOUR, but prior to June thirtieth, two
thousand [twenty-three] TWENTY-FOUR, rounded to the nearest whole
dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
S of chapter 56 of the laws of 2022, are amended to read as follows:
(a) On and after January first, two thousand [twenty-two] TWENTY-
THREE, for an eligible individual living alone, [$928.00] $1,001.00; and
for an eligible couple living alone, [$1,365.00] $1,475.00.
(b) On and after January first, two thousand [twenty-two]
TWENTY-THREE, for an eligible individual living with others with or
without in-kind income, [$864.00] $937.00; and for an eligible couple
living with others with or without in-kind income, [$1,307.00]
$1,417.00.
(c) On and after January first, two thousand [twenty-two]TWENTY-THREE,
(i) for an eligible individual receiving family care, [$1,107.48]
$1,180.48 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving family care in the city of New York or the
county of Nassau, Suffolk, Westchester or Rockland, two times the amount
set forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
ble individual receiving such care in any other county in the state,
S. 4006 129 A. 3006
[$1,069.48] $1,142.48; and (iv) for an eligible couple receiving such
care in any other county in the state, two times the amount set forth in
subparagraph (iii) of this paragraph.
(d) On and after January first, two thousand [twenty-two]
TWENTY-THREE, (i) for an eligible individual receiving residential care,
[$1,276.00] $1,349.00 if he or she is receiving such care in the city of
New York or the county of Nassau, Suffolk, Westchester or Rockland; and
(ii) for an eligible couple receiving residential care in the city of
New York or the county of Nassau, Suffolk, Westchester or Rockland, two
times the amount set forth in subparagraph (i) of this paragraph; or
(iii) for an eligible individual receiving such care in any other county
in the state, [$1,246.00] $1,319.00; and (iv) for an eligible couple
receiving such care in any other county in the state, two times the
amount set forth in subparagraph (iii) of this paragraph.
(e) On and after January first, two thousand [twenty-two]
TWENTY-THREE, (i) for an eligible individual receiving enhanced residen-
tial care, [$1,535.00] $1,608.00; and (ii) for an eligible couple
receiving enhanced residential care, two times the amount set forth in
subparagraph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-three] TWEN-
TY-FOUR but prior to June thirtieth, two thousand [twenty-three] TWEN-
TY-FOUR.
§ 3. This act shall take effect December 31, 2023.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through Z of this act shall be
as specifically set forth in the last section of such Parts.